Armstrong v. Hayward
Cases that cite this one
3 later published cases cite this decision.
- Lovetro v. Steers (Cal. Ct. App. 1965)
- Williams v. Reed (Cal. Ct. App. 1952)
- Griffith v. Grogan (Cal. 1859)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Mr. Chief Justice Murray concurred.
A release of one joint debtor is a release of the others, but it must be a technical release under seal.
The entries on the back of the note in this case, can only operate as receipts for so much money; because the payment of part of a debt is not good to discharge the debt, even if it be agreed on.
Nor can this position be affected by the fact, that the part-payments were made before the debt was due; they were not accepted in payment of the whole debt; the entries simply disclose the intention of the holder to look to the other makers for the remainder of the money.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.