Walin v. Young

The theory upon which plaintiffs rest their claim for equitable relief is that the Hurleys are the principal debtors and the plaintiffs, to the extent of the judgment against them, mere sureties; that this relationship was known to the Corporation; and that the act of the latter in surrendering to the Hurleys property which had been seized on execution, of greater value than the judgment against the plaintiffs, and in agreeing not to enforce the decree against the Hurleys beyond the $1,250.00 paid by them at the time of the release of the levy, was effective to discharge the plaintiffs.

It is…