Woolworth v. Brinker
Ohio Supreme Court
Error to tbe district court of Pickaway county. This petition in error is prosecuted to reverse a judgment of said district court, perpetually enjoining the plaintiff in error from collecting of the defendant in error, a judgment rendered in the Pickaway common pleas in his favor, against John Gold as principal, and the defendant in error as surety.
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Error to tbe district court of Pickaway county. This petition in error is prosecuted to reverse a judgment of said district court, perpetually enjoining the plaintiff in error from collecting of the defendant in error, a judgment rendered in the Pickaway common pleas in his favor, against John Gold as principal, and the defendant in error as surety. One of the errors assigned is the overruling by said district court of the demurrer of the plaintiff in error to the petition of the defendant in error. The petition demurred to, after reciting the recovery of a-judgment by the plaintiff in error,…
1Opinion of the CourtPeck, J.
The plaintiff below was the surety of John Gold, in the judgment recovered against them by the plaintiff in error, but claims to be discharged from all liability thereon, and asks a perpetual injunction against its collection from him,
1. Because of the alleged agreement for stay of execution for sixty days, made, without his consent, by Gold and Woolworth, prior to and contemporaneous with the rendition of the judgment.
2. Because of the further agreement, made at the same time, *596between them, and without his consent, by which Woolworth. was to receive payment of said judgment, in books, to be…
2Cases cited1 opinion
- French v. ShotwellNew York Court of Chancery · 1822