Abel v. Forgue
Supreme Court of Connecticut
Action of debt on a bond for £100, dated the 12th of October 1791, wherein the defendant with Hannah Bulhley, hound themselves jointly and severally to the plaintiff, upon the following condition; that whereas Jonathan Bulldey and .Francis Forgue, are in prison upon an execution in favor of Aaron Hawley against them, for £24 debt, and £13 16s. 3d. cost, which is dated the 20th of August 1791; now if the said Jonathan and Francis shall abide true and faithful prisoners until…
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Action of debt on a bond for £100, dated the 12th of October 1791, wherein the defendant with Hannah Bulhley, hound themselves jointly and severally to the plaintiff, upon the following condition; that whereas Jonathan Bulldey and .Francis Forgue, are in prison upon an execution in favor of Aaron Hawley against them, for £24 debt, and £13 16s. 3d. cost, which is dated the 20th of August 1791; now if the said Jonathan and Francis shall abide true and faithful prisoners until legally discharged then said bond is to be void: Breach alleged, that said Francis on the 14th of January A. D. 1792,…
1Opinion of the Court
By the Court.
The motion in arrest is insufficient, and the defendant must have judgment. The plaintiff’s consenting to the release of said Jonathan from imprisonment on said execution was a discharge of said Erancis. Eor where two are jointly charged and imprisoned on an execution, the creditor’s-consenting to the release of one, is a discharge of both.
2Cited by1 opinion
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