Anthony v. Capel
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. Orlando Davis, Judge. The plaintiff in error recovered a judgment on a note of John Falkner and L. J. Capel, in the Circuit Court of Marshall County, on 25th March, 1868, against L. G. Falkner, administrator of John Falkner, deceased, and said Capel.
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Error to the Circuit Court of Marshall County. Hon. Orlando Davis, Judge. The plaintiff in error recovered a judgment on a note of John Falkner and L. J. Capel, in the Circuit Court of Marshall County, on 25th March, 1868, against L. G. Falkner, administrator of John Falkner, deceased, and said Capel. Capel subsequently moved in said court to have the judgment entered satisfied in full, as to himself, because he was only a surety for the debt, and the plaintiff in the judgment had accepted $350 from the administrator of Falkner, the principal, and discharged his estate from all further…
1Opinion of the CourtChalmers, J.
The release given by the judgment creditor to the administrator of the principal debtor was upon a valid consideration, and therefore binding. It is insisted, however, that it did not operate to release the surety on the original debt, against whom also the judgment had been rendered, because the original debt had become merged in the judgment, as to which both of the defendants were principals, and that therefore the release of one did not release the other.
Our statutes and decisions plainly keep alive the distinction between principal and surety after judgment, and therefore the release of…
2Cases cited2 opinions
- McDonald v. IngrahamMississippi Supreme Court · 1855
- McMullen v. J. N.Mississippi Supreme Court · 1860
3Cited by1 opinion
- Miller v. LewisMississippi Supreme Court · 1912