Middlebrooks v. Phillips

1. Where in a suit by the holder of a joint and several promissory note against three persons as makers, two of the makers pleaded and proved that the holder had accepted from the third maker a sum of money “in full settlement of his liability personally” on the note, as evidenced by a written agreement between them, it was error to direct a verdict in favor of the plaintilf and against the defendants who interposed this defense. The release of one of the persons so jointly liable operated, prima facie, as a release of the others, and the obligation was apparently no longer enforceable…