Baldwin v. Ely

Opinion by

Baldbige, J.,

The only proposition involved in this appeal is one of procedure. It presents this question: May a suit be maintained by a creditor against one joint obligor for Ms proportionate share of an obligation under a written contract, where the creditor made a settlement and released the other two joint obligors of their proportionate liabilities, but reserved the right to proceed against the remaining obligor? We think the learned court below was correct in giving a negative answer.

On July 1, 1912, G. Daniel Baldwin, the appellant, entered into a written lease with T. E.…