Legal Opinion

Gould v. Gould

Superior Court of New Hampshire

Decided October 15, 1827PublishedCited by 1 opinion

This was an action of trespass for breaking and entering the plaintiff’s house and taking and carrying away divers goods of the plaintiff.

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This was an action of trespass for breaking and entering the plaintiff’s house and taking and carrying away divers goods of the plaintiff. The defendants pleaded several pleas, and among others, in bar, that at the superior court in this county, April term, 1823, the said Timothy Gould recovered judgment against the said Abner Gould, J. W. Smith and others for the sum of $15, debt and $58,68 costs of suit, and sued out execution thereon and delivered the same to Joseph Alcock (the other defendant,) a deputy sheriff, by virtue of which execution, the said Alcock and the said Timothy did enter…

1Opinion of the CourtRichardson, C. J.

The question which is raised in this case is, whether, when there is a joint execution against two and one is taken in execution and voluntarily discharged by the creditor, it is to be taken as a satisfaction of the debt with respect to the other debtor ?

There are cases in which one joint debtor may be discharged without discharging the other. Several cases of this description are cited in Townsend v. Riddle, 2 N. H. Rep. 449. Rut it will be found upon examination that in all those cases the discharge was effected by operation of law without the consent and without any art on the part of the…

2Cases cited2 opinions

  1. Livingston v. BishopNew York Supreme Court · 1806
  2. Little v. President of Newburyport BankMassachusetts Supreme Judicial Court · 1817

3Cited by1 opinion

  1. Bunker v. HodgdonSuperior Court of New Hampshire · 1834

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