Orr v. Read Phosphate Co.

The decisive question presented by the record is whether or not plaintiff’s release of Wyatt Green from his individual liability to pay the notes in suit operated as a release also of his copartner, this defendant.

The common-law rule as to the effect of a creditor’s release of one of several joint debtors has been qualified in this state by statute:

“All receipts, releases, and discharges in writing, whether of a-debt of record, or a contract under seal; or otherwise, must have effect according to the intention of the parties thereto-.” Code 1923, § 7669; Code 1852, § 2282; Carroll v. Corbitt,…