Ohio Supreme Court, 1833

Perry v. Carneal

Perry v. Carneal
Ohio Supreme Court · Decided April 15, 1833 · Lane
1 Wright 197; 1 Ohio Ch. 197

Perry v. Carneal

Opinion of the Court

*LANE, J.

gave the opinion of the Court. This bill must be dismissed. The holder of a note may release a junior endorser,, without affecting his claim against a prior endorser. If the amount paid by Spencer was intended as a payment of the note, the case-would be different; but that is not this case. Spencer merely-bought his peace. If he made a payment, Perry would still be liable for the whole. lie would not be exonerated from liability on the note, but would have to repay Spencer whatever sum he paid to Carnea!, and stand bound to Carneal for the residue. If there be anything wrong here, it is between Spencer and Carneal, in which the complainant has no interest.

Bill dismissed.

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