Hale v. Spaulding
Massachusetts Supreme Judicial Court
Contract, upon an instrument under seal, dated May 23, 1885, by the terms of which the defendants, six in number, agreed to pay to the plaintiff, on demand, six sevenths of any loss to which he might be subjected as the indorser of a certain note for a corporation. Aaron H. Saltmarsh alone defended.
Read the full summary
Contract, upon an instrument under seal, dated May 23, 1885, by the terms of which the defendants, six in number, agreed to pay to the plaintiff, on demand, six sevenths of any loss to which he might be subjected as the indorser of a certain note for a corporation. Aaron H. Saltmarsh alone defended. He filed an answer alleging that' the plaintiff, since the execution of the contract declared on, had executed and delivered the following paper, under seal, to one of the joint obligors under the contract: “ Received of L. V. Spaulding §1060.84, in full satisfaction for his liability on the…
1Opinion of the CourtC. Allen, J.
The words “ in full satisfaction for his liability ” import a release and discharge to Spaulding, and, the instrument being under seal, it amounts to a technical release. The plaintiff does not controvert the general rule, that a release to one joint obligor releases all. Wiggin v. Tudor, 23 Pick. 434, 444. Goodnow v. Smith, 18 Pick. 414. Pond v. Williams, 1 Gray, 630, 636. But this result is avoided when the instrument is so drawn as to show a contrary intention. 1 Lindl. Part. 433. 2 Chit. Con. (11th Am. ed.) 1154 seq. Ex parte Good, 5 Ch. D. 46, 55. The difficulty with the plaintiff’s case…
2Cases cited2 opinions
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- Tuckerman v. NewhallMassachusetts Supreme Judicial Court · 1822
3Cited by21 opinions
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Schiffer v. United Grocers, Inc.Oregon Supreme Court · 1999
- New England Merchants National Bank v. Coleman R. Rosenfield, and Gladys RosenfieldCourt of Appeals for the Fifth Circuit · 1982
- Ferrari v. Barclays Business Credit, Inc. (In Re Morse Tool, Inc.)United States Bankruptcy Court, D. Massachusetts · 1992
- Cole v. HendersonCourt of Appeals of Tennessee · 1969
16 more not listed; retrieve them via the Exa API.