Miller v. Fenton
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the seventh circuit, denying the appellant’s application to dismiss the complainant’s bill.
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This was an appeal from a decision of the vice chancellor of the seventh circuit, denying the appellant’s application to dismiss the complainant’s bill. The application was founded upon an affidavit of the appellant’s solicitor that, since this cause was at issue upon the answer of his client, the complainant had given an instrument, or agreement, to George N. Williams the other •defendant in the suit, a copy of which was annexed to such affidavit ; the effect of which instrument or agreement, as the counsel for the appellant insisted, was to release and discharge the appellant from all…
1Opinion of the Court
The Chancellor.
The case of Couch v. Mills, (21 Wend. Rep. 424,) decided that such a covenant as this was not a technical release which could be set up at law as a bar of an action, even upon a joint note. And in equity the part satisfaction of a demand by one of the parties, and a covenant not to enforce the residue of the claim by execution against his individual property, certainly ought not to be carried further than at law; unless the party in whose favor such covenant was made was the one who was primarily, or individually, holden for the whole demand. In a case of wrongdoers, such as…
2Cases cited1 opinion
- Couch v. MillsNew York Supreme Court · 1839
3Cited by23 opinions
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Alvarado Partners, L.P. v. MehtaDistrict Court, D. Colorado · 1989
- O'Neil v. National Oil Co.Massachusetts Supreme Judicial Court · 1918
- The HudsonDistrict Court, S.D. New York · 1883
- Rogers v. BonnettSupreme Court of Oklahoma · 1894
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