Perry v. Carneal
This text of 1 Wright 197 (Perry v. Carneal) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
gave the opinion of the Court. This bill must be dismissed. The holder of a note may release a junior endorser,, without affecting his claim against a prior endorser. If the amount paid by Spencer was intended as a payment of the note, the case-would be different; but that is not this case. Spencer merely-bought his peace. If he made a payment, Perry would still be liable for the whole. lie would not be exonerated from liability on the note, but would have to repay Spencer whatever sum he paid to Carnea!, and stand bound to Carneal for the residue. If there be anything wrong here, it is between Spencer and Carneal, in which the complainant has no interest.
Bill dismissed.
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Cite This Page — Counsel Stack
1 Wright 197, 1 Ohio Ch. 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-carneal-ohio-1833.