Lyon v. Bolling
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Mobile. The plaintiff in error, who was complainant below, alledges in his bill, that the defendant, Thomas R. Bolling, on the 1st day of November, 1836, made his three several promissory notes, one at six, another at nine, and a third at...... months after date ; each for the sum of $1260, and all payable to the complainant.
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Writ of Error to the Court of Chancery sitting at Mobile. The plaintiff in error, who was complainant below, alledges in his bill, that the defendant, Thomas R. Bolling, on the 1st day of November, 1836, made his three several promissory notes, one at six, another at nine, and a third at...... months after date ; each for the sum of $1260, and all payable to the complainant. These notes were indorsed by the complainant, for the accommodation of the maker, and at his special instance and request; and thereupon the defendant passed them to Diego McYoy, in payment of the rent of the Mobile Hotel…
1Opinion of the CourtCollier, C. J.
It may be conceded, notwithstanding some adjudications to the contrary, that if a surety discharges a judgment rendered against himself and principal jointly, the judgment is satisfied, and its legal efficacy destroyed. [1 Turn. & Russ. Rep. 230; 4 Russ. Rep. 277; 2 Mad. R. 464; 3 Mylne & K. Rep. 183; Foster v. The Athenæum, 3 Ala. Rep. 302, and cases there cited.] But in the case at bar, several judgments were rendered against the maker and indorser of notes, and the judgments against the latter were pa¿d by himself; the question is, whether, by these payments, the judgment against the maker…
2Cases cited4 opinions
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
- Enders v. BruneCourt of Appeals of Virginia · 1826
- Lidderdale v. RobinsonU.S. Circuit Court for the District of Eastern Virginia · 1824
3Cited by10 opinions
- Knighton v. CurrySupreme Court of Alabama · 1878
- Weathersbee Et Ux. v. DekleSupreme Court of Florida · 1933
- Whetstone v. Coslick, Et Vir.Supreme Court of Florida · 1934
- Ensign Yellow Pine Co. v. HohenbergSupreme Court of Alabama · 1917
- Smith v. HarrisonSupreme Court of Alabama · 1859
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