Public-domain · open source
OpenJurist

16 Del. 281

Derrickson v. Derrickson

Superior Court of Delaware

Decided October 15, 1896

Superior Court of Delaware · decided 1896-10-15

This was a rule to show cause why a judgment'against Nancy J. Derrickson should not be opened and the amount due ascertained. At the hearing it appears that Jehu F. Derrickson borrowed from the Farmers’ Bank at Georgetown, $125, the note given therefor being endorsed by Charles M. Cullen.

Decided 1896-10-15

Lore, C. J.,

¶1(delivered the opinion of the Court).

¶2She has not paid the debt of another. She has only entered into an obligation to pay the debt of another with that other, and it is contended that the other paid the debt. Now you are asking her to pay the debt of the. other. If she had paid this debt, it would have been á very different matter, but she and the other agreed to pay the debt of the obligor. He has paid it, and now you are asking her to pay it again after he has paid it.

Mr. Cullen.

¶3Will the Court order that the rule be made absolute and the judgment satisfied. The prayer was to open the judgment, and ascertain the amount due on the judgment, if any.

*283Per Curiam :

¶4The entry ought to be this, judgment opened and upon-proof it was shown to the Court that nothing was due on the said judgment. We cannot do anything more than that. We cannot order that it be satisfied, but that practically satisfies it.

/16/del/281 · .json · Public domain