8 Watts 448 | Pa. | 1839
The opinion of the Court was delivered by
The single bill, or specialty, upon which this action was brought in the court below, by the defendant in error, against the plaintiff in error, was executed originally by the latter and three other persons, on the 28th of September, A. D. 1835, promising thereby jointly and severally, to pay the sum of one hundred dollars to the defendant in error, with interest thereon from that day, on or before the first day of May, then next following. It was given
As to the second point, there is not even the least imaginable colour of ground for saying that the taking of a judgment by confession, in an amicable action upon a joint and several bond against one of the obligors only, will discharge or release the others. The obligee has a right to treat it either as the joint or single bond of pach, at his pleasure.
And in the third point there is quite as little foundation for holding that the surety is released by a mere gratuitous indulgence of the principal by the creditor, which was all that was given in this case. There must be such consideration for the promise of indulgence, as will make it binding upon the obligee, or it cannot have any such effect.
Judgment affirmed.