Mortland v. Himes
Supreme Court of Pennsylvania
In error from the Court of Common Pleas of Cumberland' county. June 2. This was a case stated, from which it appeared that one George Himes, the defendant in error, obtained and entered of record in the Court of Common Pleas of Adams county, on the 18th of October, 1842, a judgment by confession, without stay of execution, against Moses Mortland and David Harman, the plaintiffs in error.
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In error from the Court of Common Pleas of Cumberland' county. June 2. This was a case stated, from which it appeared that one George Himes, the defendant in error, obtained and entered of record in the Court of Common Pleas of Adams county, on the 18th of October, 1842, a judgment by confession, without stay of execution, against Moses Mortland and David Harman, the plaintiffs in error. On the same day, a writ of fieri facias was issued on this judgment, which was returned on the 20th of October, 1842, “nulla bona,” by the sheriff. On the 29th of November, 1842, the plaintiff, George Himes,…
1Opinion of the CourtBell, J.
The principle is familiar, that a release of one of two or more joint, or joint and several debtors, will operate to release all the others from the obligation of the debt. The reason is, that otherwise the effect of the release would be to increase the responsibility of those not included in its terms, by casting the whole burden of the debt upon them, in direct violation of their contract, which was to bear it only in common with the others. This cannot be done without the consent of all who are jointly bound; and as the release is efficacious in favour of him to whom it is given, the only…
2Cases cited2 opinions
- Bank of Pennsylvania ex rel. Echelman v. WingerSupreme Court of Pennsylvania · 1829
- M'Lenachan v. Commonwealth ex rel. BucherSupreme Court of Pennsylvania · 1829
3Cited by5 opinions
- Union National Bank v. Farmers & Mechanics National BankSupreme Court of Pennsylvania · 1921
- Koenig v. Currans Restaurant Co.Supreme Court of Pennsylvania · 1932
- Freeman v. SundheimSupreme Court of Pennsylvania · 1943
- Merrill v. Prebilt Co.Massachusetts Supreme Judicial Court · 1952
- Bell v. Sundheim, Pennsylvania Court of Common Pleas, Philadelphia County1941