Hull v. Sherwood
Supreme Court of Missouri
Appeal from Buchanan Common Pleas. Two questions are submitted upon the .record. I. Payment by one of several defendants extinguishes the judgment, whatever may be the intention of the parties to the transaction. It is not in their power to keep the judgment on foot for the benefit of the party paying. Albin could not obtain are-lease for himself without the release of all his co-defendants.
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Appeal from Buchanan Common Pleas. Two questions are submitted upon the .record. I. Payment by one of several defendants extinguishes the judgment, whatever may be the intention of the parties to the transaction. It is not in their power to keep the judgment on foot for the benefit of the party paying. Albin could not obtain are-lease for himself without the release of all his co-defendants. It was not legally possible for him to be an assignee of a judgment in which he was defendant. (Harbeck vs. Vanderbilt, 20 N. Y., 395, opinion of Selden, J., pp. 397,98; Russell vs. Hugunin, 1 Scam., 562…
1Opinion of the CourtSherwood, Judge
This ease comes up here on appeal from the refusal of the court below to quash an execution issued at the instance and to the use of one Albin, to whom (he being the surety of Ayers, who was insolvent, and the co-surety of Sherwood the defendant) was assigned, upon its being paid in full, a judgment recovered by the plaintiff, Hull, against Ayres, Albin and Sherwood.
The motion was filed by the defendant , and ought to have prevailed regardless of the intention with which the assignment of the judgment to the co-surety was procured. Hammatt vs. Wyman, 9 Mass., 138; Brackett vs. Winslow, 17…
2Cases cited2 opinions
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Hammatt v. WymanMassachusetts Supreme Judicial Court · 1812
3Cited by16 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- Burrus v. CookSupreme Court of Missouri · 1908
- Phillips v. EvansSupreme Court of Missouri · 1876
- Phelps v. ScottSupreme Court of Missouri · 1930
- Ferguson's Administrator v. Carson's AdministratorSupreme Court of Missouri · 1885
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