Snow v. Chandler
Superior Court of New Hampshire
This was trespass, for assaulting and beating the plaintiff on the 4th day of September, 1838. The ease was tried on the general issue, and a brief statement filed, alleging that the trespass, if any, was committed by the defendant and one George Holt; and that the plaintiff received and accepted of said Holt the sum of twenty dollars, in full satisfaction of said trespass. The trespass alleged was proved.
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This was trespass, for assaulting and beating the plaintiff on the 4th day of September, 1838. The ease was tried on the general issue, and a brief statement filed, alleging that the trespass, if any, was committed by the defendant and one George Holt; and that the plaintiff received and accepted of said Holt the sum of twenty dollars, in full satisfaction of said trespass. The trespass alleged was proved. The defendant, in support of his brief statement, proved that a few days after the occurrence, the mother of said Holt, he being a minor, applied to one White to procure a settlement with…
1Opinion of the CourtUpham, J.
In this case the strongest ground on which the defendant can place his defence is, that the contract with Holt, by which the twenty dollars was received, was a covenant not to sue him; and it is argued that if this agreement can have such effect, it bars the plaintiff from a suit against either trespasser. But we are not aware that this result necessarily follows.
It is well settled that a covenant not to sue one of several debtors will not operate to discharge all the debtors: and the reason assigned for this, in the Massachusetts cases, is, “because it cannot be inferred from such a covenant…
2Cases cited2 opinions
- Ruggles v. PattenMassachusetts Supreme Judicial Court · 1812
- Durell v. WendellSuperior Court of New Hampshire · 1836
3Cited by5 opinions
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- McKenna v. AustinCourt of Appeals for the D.C. Circuit · 1943
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