Irvine v. Milbank
New York Court of Appeals
Irvine sued Wood Brothers as occupants, and Fowler as owner of premises, for negligence. Judgment was recovered. After appeal to general term, by the Woods, Fowler paid two thousand five hundred dollars, and plaintiff gave him an instrument in writing as follows: “Whereas, I, Alexander Irvine, of the city of Hew York, did, on the 1st day of July, 1867, recover a judgment, in the superior court of the city of Hew York, against Charles B. Wood, Frederick Wood and Jonathan O.…
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Irvine sued Wood Brothers as occupants, and Fowler as owner of premises, for negligence. Judgment was recovered. After appeal to general term, by the Woods, Fowler paid two thousand five hundred dollars, and plaintiff gave him an instrument in writing as follows: “Whereas, I, Alexander Irvine, of the city of Hew York, did, on the 1st day of July, 1867, recover a judgment, in the superior court of the city of Hew York, against Charles B. Wood, Frederick Wood and Jonathan O. Fowler, jointly, for the sum of six thousand one hundred and eighty-four dollars and three cents. And whereas, said…
1Opinion of the CourtFolger, J.
Let it be conceded that a release of one of several joint tortfeasors, from the cause of action, or from the judgment recovered thereon against them all, is a discharge of the others therefrom. . Let it be also conceded (though not now so adjudged), that the instrument executed by the plaintiff, to Fowler, is not within the acts of 1838 and 1845, for the relief of partners and joint debtors. Yet then, the defendants in this action have not made out a defense therein.
*381This instrument is,not a technical release of Fowler, which it must be, to operate as a discharge of his joint tortfeasors, the…
2Cases cited2 opinions
- Rowley v. StoddardNew York Supreme Court · 1810
- Bank of Chenango v. OsgoodNew York Supreme Court · 1830
3Cited by2 opinions
- Ellis v. EssonWisconsin Supreme Court · 1880
- Judd v. WalkerMissouri Court of Appeals · 1911