Byrd v. Crowder

The defendants, Crowder et al., pleaded, in bar of plaintiff’s action for damages for personal injuries, that plaintiff had executed a written release of her cause of action against their joint tortfeasors. This plea was sustained by the circuit court, and plaintiff has appealed in error.

■ The instrument executed by plaintiff is in form a covenant not to sue, but contains the following provision: “These presents may be pleaded as a defense to any action or proceedings which may be brought, instituted or taken by me against the said T. F. Squires and Holmes B. Squires, doing business as T, F.…