Stacy v. F. M. Hoyt Shoe Co.

The defendant contends that the release above set forth constitutes a bar to the present action as a matter of law. It bases its argument upon the rule that “the release of one joint tort-feasor is a bar to a suit against the others.” The law was thus stated in Wheat v. Carter, 79 N. H. 150, and this statement may have its uses as a concise formula by which reference may be made to a number of legal doctrines incapable of compression into such limited compass, but as pointed out in that case, it cannot be accepted as an accurate exposition of the law. It must constantly be borne in mind that…