Jones v. Aetna Casualty & Surety Co.
Jones v. Aetna Casualty & Surety Co.
Opinion of the Court
This case is before us on a motion to dismiss filed by defendant, Gulf States Utilities Company. The following sequence of events is pertinent to our decision.
On March 5,1979, suit was filed by plaintiff, Robert Jones, against defendants, Aetna Casualty and Surety Co., State Farm Insurance Company,
On June 20, 1981, the court filed written reasons wherein it found in favor of plaintiff and against defendants, Aetna and Robert Rarick, in the amount of $93,832.10, plus legal interest, court costs and expert witness fees. On August 31,1981, a receipt and release agreement was executed by plaintiff in favor of Aetna (for itself, Rimes Wrecker Service and Mr. Rarick) in exchange for the sum of $90,000. Plaintiff expressly reserved his rights against Gulf States and Giambrone. On September 11, 1981, a judgment was finally signed as to this matter only and the suit was dismissed with prejudice as to Aetna, Rarick and Rimes Wrecker Service (a third party defendant). Plaintiff’s rights were again expressly reserved against Gulf States and Giambrone.
It was not until March 23, 1982, that judgment was signed dismissing Gulf States and Giambrone from the suit. Plaintiff appealed timely and defendants, Gulf States and Giambrone, filed this motion ^ to dismiss.
We find no merit to mover’s argument. First, the release was executed with all rights reserved against Gulf States and Gi-ambrone, therefore, plaintiff is entitled to proceed against these parties. La.Civ.Code arts. 2100 and 2203.
MOTION TO DISMISS APPEAL DENIED.
. State Farm was dismissed without prejudice at the beginning of the trial.
. Art. 2100. “The creditor, who consents to the division of the debt with regard to one of the codebtors, still has an action in solido against the others, but under the deduction of the part of the debtor whom he has discharged from the debt in solido.”
Art. 2203. “The remission or conventional discharge in favor of one of the codebtors in solido, discharges all the others, unless the creditor has expressly reserved his right against the latter.
In the latter case, he can not claim the debt without making a deduction of the part of him to whom he has made the remission.”
Reference
- Full Case Name
- Robert E. JONES v. AETNA CASUALTY AND SURETY COMPANY
- Cited By
- 1 case
- Status
- Published