Meyer v. Bouchier
Supreme Court of South Carolina
Before Maurdin, J., Columbia, Suit by J. B, Meyer against Henry T. Bouchier and another. From judgment for plaintiff, the named defendant appeals. cite: As to release of joint debtor: 2 Elliott Contracts, sec. 1482, p. 753; 115 U. S. 300; 28 Fed. Cas. No. '16487; 34 Cyc. 1081-1083; Civil Code, secs. 3944-3946; 72 S. C. 330. Compounded: 35 E. R. A. 141; 2 Johns 405; 2 Q. B. 114. Contribution: 9 Cyc. 800, 801; 7 A. & E. Enc. of E. 341; 4 Pom. Eq.
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Before Maurdin, J., Columbia, Suit by J. B, Meyer against Henry T. Bouchier and another. From judgment for plaintiff, the named defendant appeals. cite: As to release of joint debtor: 2 Elliott Contracts, sec. 1482, p. 753; 115 U. S. 300; 28 Fed. Cas. No. '16487; 34 Cyc. 1081-1083; Civil Code, secs. 3944-3946; 72 S. C. 330. Compounded: 35 E. R. A. 141; 2 Johns 405; 2 Q. B. 114. Contribution: 9 Cyc. 800, 801; 7 A. & E. Enc. of E. 341; 4 Pom. Eq. Juris. 1418; 1 White & Tudor E. C. Eq. 156; 1 DeS. 149. cites: As to common law rule. The reason of this rule was because the release of one destroyed…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice ITydrick.
Plaintiff brought suit against H. T. Bouchier and W. E. McNulty for foreclosure of a mortgage given by them to secure their joint and several bond for $18,500. After suit brought, McNulty compounded with plaintiff by paying him $3,100, for which plaintiff gave him a release from all further liability in accordance with the statute. Civ. Code 1912, sec. 3944. Bouchier then set up the release of McNulty as having the legal effect of discharging him (Bouchier) from all liability to plaintiff; and, if not from all liability, at least…
2Cases cited1 opinion
- Symmes v. CaubleSupreme Court of South Carolina · 1905
3Cited by1 opinion
- Poole v. BradhamSupreme Court of South Carolina · 1927