43 Tenn. 192 | Tenn. | 1866
delivered the opinion of the Court.
This suit was brought by the defendant in error, against plaintiffs in error, and a number of others, in the Circuit Court of Bradley, by summons. Ancillary attachments were sued out at the time of the issuance of the summons, and were levied upon the property of plaintiff in error, and other defendants, who were declared against in the defendant’s declaration. At the September Term, 1865,'the defendant
At the September Term, 1865, nol. pros’s were entered as to all the other defendants not declared against. At the same term, the plaintiff in error, and the other defendants in the declaration, filed their pleas: 1st, plea of “Not guilty;” 2d, plea of “Accord and satisfaction,” which, in substance, states, the defendant in error received from Jacob Deatherow, one hundred dollars in cash, and the promissory note of the said Deatherow, for three hundred dollars, in full satisfaction of the trespass committed, etc. At the January Term, 1866, the plaintiffs in error, by leave of the Court, filed another plea of accord and satisfaction, in which they state the defendant in error, since the commencement of the suit, received from the other defendants, who were sued for the joint trespass alleged to have been committed, the sum of twenty-six hundred dollars, in full discharge for the said several trespasses supposed to have been committed; and this was in satisfaction of the injury done him, costs, etc.; to which plea a replication was filed. At this term, a nol. pros, was entered to all the other defendants in the cause, except plaintiffs in ei-ror. At the May Term, 1866, the cause was submitted to
When he, sued, there was nothing said about any one else. He received it in satisfaction of the damage done him. He said, in the conversation, there were some he would not take less than one thousand dollars from. Witness was not concerned in his arrest; he paid him for the damages claimed in the suit, alone for himself. Jacob Deatherow, who was sued, paid the defendant in error, one hundred dollars in cash, and gave his note for three hundred, which he afterwards paid, in full satisfaction for the damages claimed by defendant in error, against him. Henry Kinser paid the defendant in error, two hundred dollars, for himself and son, who was sued, in notes, in full satisfaction of the damages of defendant
The Court declined to give the instructions, but charged the jury as follows:
“On this point, it has been insisted on the part of the defendants,' that if you should he satisfied that the defendants are jointly liable, as the plaintiff, in declaring, hath alleged against them, you should find for the defendants, because they say they have made full and complete accord and satisfaction. If such a thing has been done, this is a correct assumption. If you are satisfied, from the proof, that such accord and satisfaction has been made, you should find for*196 tbe defendants; for, in this form of action, the plaintiff cannot have but one satisfaction. This, however, you must determine from the proof before you. If an agreement was made between the parties, that a compromise was to be made, and that agreement has been fully carried out and performed, it would be a satisfaction; but, if they met together and agreed to compromise and settle the cause you now have before you, and that agreement was not fully carried out and completed, it would not be a full accord and satisfaction. As to this, you have heard the proof, and must decide for yourselves/’
A verdict and judgment was rendered, against the plaintiffs in error, for thirty-five thousand dollars. A new trial was moved for, which was overruled; from which there was an appeal to this Court. Various questions were insisted on, in argument, in the trial of the cause; but the principle question relied upon, and presented for our consideration, is: Do the facts, presented in this record, amount to an accord and satisfaction, and such as will bar the defendant in error, from a recovery?
It appears, from the testimony of one of the witnesses, Russell Lawson, when he settled with the defendant in error, nothing was said relative to the other joint defendants. In the conversation with the defendant in error, he said that he would not compromise with some of them for less than a thousand dollars. He states that he compromised for himself. The other parties, who compromised, state that they compromised for themselves, alone.
Three, who compromised and paid out, were before the Court by summons and levy of attachment. The offense was a joint one, as the defendant, in his declaration, hath alleged. What is the legal effect of the payment of the several sums, by the several persons who were sued, though it was paid in satisfaction of the damages they had done to the defendant in error?
This Court held, in 2 Yerger, 94, “In trespass against several defendants, where damages have been severally assessed against each, the plaintiff must elect which defendant he will take judgment against, and enter a nol. pros, as to the others. For one trespass there can be but one satisfaction, whether committed by one or many,”
Upon a review of the authorities on this question, we find the principle well settled, in a joint trespass, if one of the party defendant, makes a settlement with the plaintiff, and pays him the amount they may agree upon for the damages sustained hy the plaintiff, though he may and does pay the plaintiff alone, for the damages inflicted hy him, it will operate to discharge the other defendants; and they may plead it in bar as to an accord and satisfaction of the trespass. We are satisfied, upon a review of the authorities, this principle is the correct rule of law; otherwise, a plaintiff, in many instances, would operate upon the fears of defendants, and get from each the full amount of the trespass committed. A satisfaction of damages from one, the action being joint, must operate as a discharge to all, whether the parties designed it or not.
The Court erred in refusing to give the instructions asked for by the counsel of the plaintiffs in error. If the facts stated, be true, it was a discharge of the plaintiffs, and the Court should have so instructed the jury. Under the rules of law, they
The judgment of the Circuit Court will be reversed — a new trial awarded — in which the law will be charged as stated in this opinion.