Sloan v. Herrick
Supreme Court of Vermont
Trover for a pistol, with a count in trespass, appealed from the. judgment of a justice of the peace. Pleas, the general issue, with notice of special matter, and a special plea in bar that the alleged trespass was committed by the defendant jointly with one Henry Hinckley, and that plaintiff released and discharged Hinckley.
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Trover for a pistol, with a count in trespass, appealed from the. judgment of a justice of the peace. Pleas, the general issue, with notice of special matter, and a special plea in bar that the alleged trespass was committed by the defendant jointly with one Henry Hinckley, and that plaintiff released and discharged Hinckley. Replication, that upon trial before the justice, defendant and Hinckley severally pleaded the general issue, and upon trial then had, defendant was found not guilty, and judgment was rendered against plaintiff as to him, from which plaintiff appealed; that Hinckley was…
1Opinion of the Court
The opinion of the court was delivered by-
Ross, J.
In actions of tort, nothing less than what in law is regarded a legal satisfaction of the tort by one joint tort-feasor, will operate to discharge the other joint tort-feasor. Neither the recovery of a judgment against one joint tort-feasor that remains unsatisfied in whole or in part, nor the release of one on the receipt of part satisfaction for the tort, when it is expressed in the release that the sum paid is received only in part satisfaction, operates to bar the injured party from pursuing the other joint tort-feasors for so much of the…
2Cases cited6 opinions
- Chamberlin v. MurphySupreme Court of Vermont · 1868
- Spencer v. WilliamsSupreme Court of Vermont · 1828
- Eastman v. GrantSupreme Court of Vermont · 1861
- Hunter v. Kittredge's EstateSupreme Court of Vermont · 1868
- Catlin v. TaylorSupreme Court of Vermont · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- City of Chicago v. BabcockIllinois Supreme Court · 1892
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902
- Matheson v. O'KaneMassachusetts Supreme Judicial Court · 1912
- Black v. MartinMontana Supreme Court · 1930
20 more not listed; retrieve them via the Exa API.