Carroll v. Corbitt
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. B. B. McCraw. Wm. S. Corbitt, the appellee, was, in 1863 appointed guardian of Eliza Carroll, appellant, (who was a minor,) after entering into bond with one John G. Holley and another 'as sureties, and soon afterwards received from the administrator of the ward’s father’s estate $2,200, in Confederate money, as part of her estate.
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Appeal from the Chancery Court of Henry. Heard before the Hon. B. B. McCraw. Wm. S. Corbitt, the appellee, was, in 1863 appointed guardian of Eliza Carroll, appellant, (who was a minor,) after entering into bond with one John G. Holley and another 'as sureties, and soon afterwards received from the administrator of the ward’s father’s estate $2,200, in Confederate money, as part of her estate. On December 4, 1870, said Eliza Carroll and her husband, sold her interest in her father’s estate to one Lynn, who, in the name of Eliza Carroll, as next friend, filed a bill against Corbitt and Holley,…
1Opinion of the CourtBrickell, C. J.
1. The rule at common law generally was, that a release to one joint contractor operated a discharge of all, and the reason of the rule was, that otherwise the co-debtor, after paying the debt, might sue him who-had been released for contribution; and so, in effect, he would not be released at all. — 2 Chitty on Contr. 1154. A release lo a surety did not come within the rule, and operate a release-*581<of tbe principal, for the plain reason that he is primarily liable for the debt, not entitled to contribution from the surety.—Scheck v. Miller, 10 Barr, 401. The effect of a release was restrained…
2Cases cited1 opinion
- Browning & Co. v. GradySupreme Court of Alabama · 1847
3Cited by7 opinions
- New England Mortgage Security Co. v. Hirsch Bros.Supreme Court of Alabama · 1892
- Sullivan v. WilliamsSupreme Court of Alabama · 1923
- Long v. GwinSupreme Court of Alabama · 1918
- Eufaula National Bank v. PassmoreSupreme Court of Alabama · 1893
- McGathey v. ThompsonSupreme Court of Alabama · 1931
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