Armstrong v. Hayward

6 Cal. 183

• Court: California Supreme Court
• Decided: July 1, 1856
• Status: Published

Opinion

The opinion of the Court was delivered by Mr. Justice Heydenfeldt.

Mr. Chief Justice Murray concurred.

A release of one joint debtor is a release of the others, but it must be a technical release under seal.

The entries on the back of the note in this case, can only operate as receipts for so much money; because the payment of part of a debt is not good to discharge the debt, even if it be agreed on.

Nor can this position be affected by the fact, that the part-payments were made before the debt was due; they were not accepted in payment of the whole debt; the entries simply disclose the intention of the holder to look to the other makers for the remainder of the money.

Judgment affirmed.