Burke v. Noble
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit, brought January 1861, by William Noble against E. Burke and Thomas Barnes, partners trading as Burke & Barnes, W. P. Eichbaum, J. B. Dales, J. M. Atkinson, J. F. Gartree, A. O. Hawkins, and G. W. Neare, late owners of the steamboat Paul Jones, to recover a balance alleged to be due to him for goods and merchandise furnished to the boat.
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Error to the District Court of Allegheny county. This was an action of assumpsit, brought January 1861, by William Noble against E. Burke and Thomas Barnes, partners trading as Burke & Barnes, W. P. Eichbaum, J. B. Dales, J. M. Atkinson, J. F. Gartree, A. O. Hawkins, and G. W. Neare, late owners of the steamboat Paul Jones, to recover a balance alleged to be due to him for goods and merchandise furnished to the boat. Certain credits were claimed, part of which were allowed, and-the others were referred to the jury, to determine under the evidence. But the main defence was based on the…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
— At common law the release of one joint obligor or promissor operates as a release of his co-obligors or promissors. It is unnecessary to cite authorities for this. But it is very evident that the rule was predicated of technical releases. I think this will appear by the following references : Shep. Touch. 337; Coke Lit. 232; 1 La Roy 690; Story on Bills 316.
In 22 Pick. 305 it was decided that unless the release was technical, it would not have the effect. Nor where the instrument is a covenant not to sue: 3 Greenleaf’s Reports 423; 8 N.…
2Cases cited2 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Milliken v. BrownSupreme Court of Pennsylvania · 1829
3Cited by7 opinions
- Joseph Melnick Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1949
- Bryant v. BryantSupreme Court of Pennsylvania · 1928
- Baldwin v. ElySuperior Court of Pennsylvania · 1937
- Wickerham v. VitoriSupreme Court of Pennsylvania · 1942
- Link Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1936
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