Brooks v. Neal
Massachusetts Supreme Judicial Court
Audita querela under R. L. c. 192, §§ 1, 2, by George M. Brooks of Arlington and Frank P. Brooks of Plymouth against William E. Neal of Lynn, as receiver of the property of the American National Bank of Boston, to restrain him from instituting or prosecuting any further proceedings upon a judgment against the plaintiffs for $6,425.01 damages and $30.40 costs alleged to have been discharged by a release under seal.
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Audita querela under R. L. c. 192, §§ 1, 2, by George M. Brooks of Arlington and Frank P. Brooks of Plymouth against William E. Neal of Lynn, as receiver of the property of the American National Bank of Boston, to restrain him from instituting or prosecuting any further proceedings upon a judgment against the plaintiffs for $6,425.01 damages and $30.40 costs alleged to have been discharged by a release under seal. Writ dated February 19, 1913. The release, of which a copy was attached to the writ and declaration, was as follows: “Know all men by these presents that I, William E. Neal, of…
1Opinion of the CourtDe Courcy, J.
The judgment against George M. Brooks and Frank P. Brooks created a liability which was entire and indivisible, and which necessarily would be destroyed by the discharge of one of the debtors. Contakis v. Flavio, 221 Mass. 259. Neal, the receiver, compromised with George M. Brooks, one of the joint debtors, and gave him a release under seal, purporting to discharge the said George M. Brooks from all liability on the note and judgment. This amounted to a technical release of the joint debtor, Frank P. Brooks, and the instrument discloses no intention to reserve any rights against him. Hale v.…
2Cases cited9 opinions
- Matheson v. O'KaneMassachusetts Supreme Judicial Court · 1912
- Hale v. SpauldingMassachusetts Supreme Judicial Court · 1888
- Brackett v. WinslowMassachusetts Supreme Judicial Court · 1821
- Contakis v. FlavioMassachusetts Supreme Judicial Court · 1915
- Jackson v. HortonIllinois Supreme Court · 1888
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3Cited by3 opinions
- Gordon v. Hartford Sterling Co.Supreme Court of Pennsylvania · 1935
- Minery v. FentonSupreme Court of New Jersey · 1959
- Shore v. FloodMassachusetts District Court, Appellate Division · 1938