Kendrick v. J. B. O'Neil, Foster & Co.
Supreme Court of Georgia
Release. Bond of indemnity. Covenant. Partnership. Before Judge Hopicins. Fulton Superior Court. April Term, 1872. Kendrick brought suit against O’Neil, Foster & Company on the following instrument: “Atlanta, Georgia, December 27th, 1867. “This writing will witness that there is a balance due of $567 31 on a note given by John W. Grantham to L. Kendrick for the purchase money of a certain gold lot, in the county of Cobb, which the said Grantham afterwards sold to us, we…
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Release. Bond of indemnity. Covenant. Partnership. Before Judge Hopicins. Fulton Superior Court. April Term, 1872. Kendrick brought suit against O’Neil, Foster & Company on the following instrument: “Atlanta, Georgia, December 27th, 1867. “This writing will witness that there is a balance due of $567 31 on a note given by John W. Grantham to L. Kendrick for the purchase money of a certain gold lot, in the county of Cobb, which the said Grantham afterwards sold to us, we agreeing and binding ourselves to pay off and take up his said note to Kendrick, and giving therefor our certain obligation…
1Opinion of the Court
*McCay, Judge.
Section 2810 of our Code is as follows: “A covenant never to sue is equivalent to a release; so, also, a bond to indemnify a debtor against his own debt.” It is noticeable that this section does not say that a covenant not to sue or to indemnify one against his own debt is a release, but that it is equivalent to a release. It is noticeable also, that the latter clause of the section says, against his own debt, and does not say against his liability on a debt on which he is liable, jointly with others. And this language is very significant, for it is precisely the language of the…
2Cases cited2 opinions
- Couch v. MillsNew York Supreme Court · 1839
- Bank of Chenango v. OsgoodNew York Supreme Court · 1830
3Cited by10 opinions
- Atlantic Coast Line R. Co. v. OuztsCourt of Appeals of Georgia · 1950
- Martin v. MonroeSupreme Court of Georgia · 1899
- Moore v. SmithCourt of Appeals of Georgia · 1948
- Marietta Savings Bank v. JanesSupreme Court of Georgia · 1881
- Otis v. Wren Mobile HomesCourt of Appeals of Georgia · 1965
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