Woodward v. Clegge
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega. Assumpsit by Clegge, against Woodward, P. E. Pearson and E. A. Pearson, on a promissory note. The defendants were not served with process, but on the writ is indorsed an agreement, purporting to be signed and sealed by them, waiving the necessity for service by the sheriff.
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Writ of error to the Circuit Court of Talladega. Assumpsit by Clegge, against Woodward, P. E. Pearson and E. A. Pearson, on a promissory note. The defendants were not served with process, but on the writ is indorsed an agreement, purporting to be signed and sealed by them, waiving the necessity for service by the sheriff. The Pearsons pleaded to the declaration — • 1. Non-assumpsit. 2. That the note declared on was signed by them as sureties of John S. Woodward, to secure the balance due on two other notes, which had been executed to the plaintiff, by Woodward, and the said P. E, Pearson as…
1Opinion of the CourtGoldthwaite, J.
Although the special pleas relied on *319as presenting a defence to the action, may be objectionable on account of the omission of necessary allegations, yet we choose rather to consider them on more general grounds. The argument in support of their soundness is, that a creditor having a security which he can enforce against a principal debtor, cannot discharge it, without its having the effect to release the sureties. If this is even true, when a collateral security is taken from the principal debtor, we have seen no authority to extend the principle so far as to compel the creditor to hold an…
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