Gordon v. Moore
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. Hon. M. T. Sanders, Circuit Judge. The note being a joint one, whatever in law satisfied it as to one of -the parties satisfied it as to all. The liability of the makers was not changed by judgment; a satisfac-' tion of the judgment as to one released the others. A release of one of several obligors is a release of all. (1¡. Ark., 510; 6 Eng., 513; 16 Ark., 351; 1 Hill, 185; 3 Den., 238; 17 Mass., 580; Story on Prom.
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APPEAL from Phillips Circuit Court. Hon. M. T. Sanders, Circuit Judge. The note being a joint one, whatever in law satisfied it as to one of -the parties satisfied it as to all. The liability of the makers was not changed by judgment; a satisfac-' tion of the judgment as to one released the others. A release of one of several obligors is a release of all. (1¡. Ark., 510; 6 Eng., 513; 16 Ark., 351; 1 Hill, 185; 3 Den., 238; 17 Mass., 580; Story on Prom. Notes, sec. 1$5; 1 Parsons on Notes and Pills, 2If9; 23 Pick., J¡,31¡..) Though the release had no seal, it was based upon a consideration,,…
1Opinion of the CourtEakin, J.
On the twenty-fourth day of May, 1883, Moore recovered, by default, a judgment against Gordon for $2,293.20, being for the balance, with interest, due upon a certain promissory note executed to Moore by Robinson, Childress and Gordon on the twelfth day of January, 1881, and due at twelve months.
On the seventh of April following, Gordon filed this petition in the Circuit Court uuder section 1692 of Gautt’s Digest, setting forth, as amended, that Moore had sued Robinson and Childress upon the same note in the District Court for the Northern District of Mississippi at Oxford, and at the December…
2Cases cited3 opinions
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- Stockton v. StocktonIndiana Supreme Court · 1872
- Starry v. JohnsonIndiana Supreme Court · 1869
3Cited by18 opinions
- Winter ex rel. Smith v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1901
- Dreyfus v. RobertsSupreme Court of Arkansas · 1905
- Sigler v. SiglerSupreme Court of Kansas · 1916
- Williams v. BlumenthalWashington Supreme Court · 1901
- Smoot v. CheckettsUtah Supreme Court · 1912
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