Seymour & Co. v. Butler
Supreme Court of Iowa
Appeal from the Dubuque District Court. This suit is brought against "William Butler, as “ one of the late firm of Butler & Hurlburt,” on three promissory-notes, made in New York, signed “ Butler & Hurlburt,” and jiayable to plaintiffs, in Galena.
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Appeal from the Dubuque District Court. This suit is brought against "William Butler, as “ one of the late firm of Butler & Hurlburt,” on three promissory-notes, made in New York, signed “ Butler & Hurlburt,” and jiayable to plaintiffs, in Galena. The defendant pleaded, that after the making of the notes, the plaintiff's made and executed a release as follows : “We, John F. Seymour & Go., of the city, county, and state of New York, for the consideration of three hundred dollars, received of Joseph W. Hurlburt, of Falls Tillage, Connecticut, do hereby discharge and release said Hurlburt from…
1Opinion of the CourtStockton, J.
It is well settled that if two or more are jointly, or jointly and severally bound, and the obligee releases to one of them, all are discharged. And a release to one partner, is a release to all. 1 Parsons’ Contracts, 23, 162. But (says Mr. Parsons), though the word release be used, even under seal, yet if the parties, the instrument being considered as a whole, and in connection with all the circumstances of the case, and the relations of the parties, cannot reasonably be supposed to have intended a release, it will be construed only as an agreement not to charge the person or party to whom…
2Cited by11 opinions
- Rowe v. RandIndiana Supreme Court · 1887
- Merica v. BurgetIndiana Court of Appeals · 1905
- Bonney v. BonneySupreme Court of Iowa · 1870
- Pettigrew Machine Co. v. HarmonSupreme Court of Arkansas · 1885
- Ryan v. BeckerSupreme Court of Iowa · 1907
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