Rowley v. Stoddard
New York Supreme Court
THIS was an action of debt, on a judgment obtained in the state of Vermont. The defendant R. Stoddard, jun. was arrested on a cap. ad. resp. and the other' defendant returned not found. The defendant pleaded nil debet, with notice that he should give in evidence, at the trial, that he was an infant at the time the note was made, on which the judgment was obtained. The cause was tried at the Abany circuit, April, 1810, before Mr. Justice Thompson.
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THIS was an action of debt, on a judgment obtained in the state of Vermont. The defendant R. Stoddard, jun. was arrested on a cap. ad. resp. and the other' defendant returned not found. The defendant pleaded nil debet, with notice that he should give in evidence, at the trial, that he was an infant at the time the note was made, on which the judgment was obtained. The cause was tried at the Abany circuit, April, 1810, before Mr. Justice Thompson. By the record of the judgment, produced at the trial, it appeared, that it was rendered the 24th February, 1806, for 183 dollars damages, and 36…
1Opinion of the CourtThompson, J.
It is a well settled rule, that a release to one of several *210obligors, whether they are bound jointly, or jointly and severally, discharges the others, and may be pleaded in bar. (Co. Litt. 232. a. and note 144. 2 Saund. 48. a. But where two are bound jointly and severally, and the obligee covenants with one of the obligors only, not to sue him, it does not amount to a release, but is a covenant only, and the obligee may still sue the other obligor. (8 Term Rep. 171.) The settlement made in the case before us, is somewhat in the nature of an agreement lease under seal is necessary to be given…
2Cited by35 opinions
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- State ex rel. Curtis v. McCulloughNevada Supreme Court · 1867
- Milliken v. BrownSupreme Court of Pennsylvania · 1829
- People v. BusterCalifornia Supreme Court · 1858
- Benjamin v. McConnellIllinois Supreme Court · 1847
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