Cochrane v. Cushing

124 Mass. 219 | Mass. | 1878

By the Court.

The executrix of the deceased obligor could only be sued separately. She could not have been sued jointly with the surviving obligor. New Haven & Northampton Co. v. Hayden, 119 Mass. 361. The discharge in bankruptcy of the principal did not release the surety. U. S. Rev. Sts. § 5118.

Exceptions overruled.