Hathaway v. Masterson

Decided July 2, 1902

Appellate Court of Illinois · decided 1902-07-02

<p>1. Sureties—Effect of a Discharge of the Principal in Bankruptcy. —When the principal in an obligation has been discharged in bankruptcy and a civil action is pending against him and his surety, such surety shall be entitled to have an exoneretur entered upon the records of the court in which such action is pending.</p>

Cited by 1 later decisions — most recently December 1903

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1902-07-02

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Mr. Justice Waterman

¶1delivered the opinion of the court.

¶2At the time the petition of Carrie P. Hathaway for an order of exonerefrur was filed, suit upon the bond signed by her was pending; to which suit she then had, for reasons stated in People, for use of Masterson, v. Hathaway, post, a good defense. Such being the case there was no occasion for the petition filed by her. Masterson, having been by error of court deprived of the security he had for the payment of his judgment, ought not to be unnecessarily vexed with suits and costs.

¶3The petition of plaintiff in error set forth that William C. Furman bad been discharged in bankruptcy from all debts and claims” … “except such debts as are by law excepted from the operation of a discharge in bankruptcy.”

¶4It does not appear that the judgment against him in favor of Masterson is one of the debts from which Furman was discharged.

¶5The judgment of the County Court is affirmed.