New York Court of Appeals

Maria L. Morgan, Respondent v. Philemon H. Smith, Impleaded

September 25, 187770 N.Y. 537

Summary

The New York Court of Appeals affirmed the judgment as to Philemon H. Smith and reversed the judgment as to Andrew H. Smith, holding that a co‑surety who pays the whole debt may recover one‑half from the other, that a parol release of one joint debtor does not discharge the others, that the alleged failure of consideration concerning a promised light is not a valid defense, and that a subsequent landlord‑tenant agreement with a condition preserving the lease does not discharge the sureties.