38 Ala. 566 | Ala. | 1863
In the case of Browning v. Grady, (10 Ala. 999,) this court said : “ The agreement of the creditor to discharge one partner, on his securing the payment of a portion of the debt, but reserving the right to proceed against another partner, does not operate to discharge the latter.” Of similar import are the following cases: Couch v. Mills, 21 Wendell, 424; Dean v. Newhall, 8 Term Rep. 168 ; Rowleg v. Stoddard, 7 Johns. 207 ; Lane v. Owings, 3 Bibb, 247 ; Catskill Bank v. Messenger, 9 Cowen, 37 ; Bank of Chenango v. Osgood, 4 Wendell, 607; Dwell v. Wendell, 8 N. H. 369 ; McClellan v. Cumberland Bank, 24 Maine, 566.
We find nothing in this record which takes this case out of the operation of the rule ■ thus stated. All that the creditor did, was to bind himself not to sue the appellant’s co-partner, Porteous, in twenty years. The assignment of the merchandise to Price was only intended as a security
The judgment of the circuit court is affirmed.