Russell v. . Adderton
Supreme Court of North Carolina
Debt, tried before Buxton,at Spring Term 1870, of Moetgomeey Court. Three eases depending upon the same principle of law were heard at the same time, between parties substantially the same, one L. E. Russell being plaintiff in the third suit. The defendants in each, were Jeremiah Adderton, Thomas Stokes and John P. Mabry, who, with J. M. Crump, as principals, and two others as sureties, had executed three notes for $1,400 each, payable to the plaintiffs.
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Debt, tried before Buxton,at Spring Term 1870, of Moetgomeey Court. Three eases depending upon the same principle of law were heard at the same time, between parties substantially the same, one L. E. Russell being plaintiff in the third suit. The defendants in each, were Jeremiah Adderton, Thomas Stokes and John P. Mabry, who, with J. M. Crump, as principals, and two others as sureties, had executed three notes for $1,400 each, payable to the plaintiffs. The pleas were, Payment and set off, and, by Thomas Stokes, Release of T. J. Patrick, administrator of J. M. Crump, who had died pending the…
1Opinion of the CourtPearsoN, C. J.
The case turns upon the construction of the deed executed by the plaintiff to Patrick, administrator of Crump. If the instrument be treated as a “ release,” it operates by way of extinguishment, and enures to the benefit of the other obligors, as well as of Crump. If it be treated as a “covenant not to sue,”'the other obligors remain liable for the balance of the debt.
The first construction in most cases disappoints the intention of the parties, and carries the legal effect of the instrument beyond their meaning; for which reason the Courts incline to adopt the construction which gives to the…
2Cited by9 opinions
- Karcher v. BurbankMassachusetts Supreme Judicial Court · 1939
- Stewart v. CraigTennessee Supreme Court · 1961
- Smith v. South & Western RailroadSupreme Court of North Carolina · 1909
- Fletcher v. WurglerIndiana Supreme Court · 1883
- Craven v. . FreemanSupreme Court of North Carolina · 1880
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