¶1The motion in arrest is insufficient, and the defendant must have judgment. The plaintiff’s consenting to the release of said Jonathan from imprisonment on said execution was a discharge of said Erancis. Eor where two are jointly charged and imprisoned on an execution, the creditor’s-consenting to the release of one, is a discharge of both.
1 Root 502
Abel v. Forgue
Decided January 15, 1793
Supreme Court of Connecticut · decided 1793-01-15
<p>What one co-obligor has said who is not sued, cannot be given in evidence against the other.</p> <p>The creditor consenting to the release of one joint debtor is a release of both.</p>
Decided 1793-01-15