Bozeman v. State Bank
Supreme Court of Arkansas
Writ of Error to the Circuit Court of Pulaski County. Debt, by the Bank of the State or Arkansas against Michael Bozeman, determined in the Pulaski circuit court, Nov. term 1845, before the Hon. J. J. Clendenin,-judge. The action was founded on a writing obligatory for $3 500 executed to the bank, by Simeon Buckner as principal, the defendant and Lambert J. Reardon as securieties, dated Nov. 22,1840, and due at six months.
Read the full summary
Writ of Error to the Circuit Court of Pulaski County. Debt, by the Bank of the State or Arkansas against Michael Bozeman, determined in the Pulaski circuit court, Nov. term 1845, before the Hon. J. J. Clendenin,-judge. The action was founded on a writing obligatory for $3 500 executed to the bank, by Simeon Buckner as principal, the defendant and Lambert J. Reardon as securieties, dated Nov. 22,1840, and due at six months. The defendant filed a plea substantially aS follows: “Defendent comes, &c. and says action non, because he says that the bond in said declaration mentioned was entered into…
1Opinion of the CourtConway B, J.
It is contended by plaintiff’s counsel that the ageeement of the bank with Reardon is a release of him, and therefore also a release of Bozeman. It is true, if the bank had formally released Reardon, she would thereby have also released Boze-man. For it is well settled that a release of one of several obli-gors is a discharge of all. And on this point the authorities referred to by learned counsel are conclusive. But we cannot consider the bank’s agreement with Reardon a release; it is a covenant not to sue and to indemnify, which in its nature is not a release. If Reardon himself had been…
2Cited by1 opinion
- Dixon v. ThatcherSupreme Court of Arkansas · 1854