Carey v. Bilby

Citations

• 129 F. 203
• 63 C.C.A. 361
• 1904 U.S. App. LEXIS 4037

Syllabus

<p>1. Torts — Joint Tort Feasor — Release of One — Construction—Effect.</p> <p>Plaintiff, claiming a right of action for damages against C.. and H. jointly for alleged fraudulent misrepresentations in the sale of cattle, accepted a certain amount of money from H., and executed a release discharging him from any and all liability by reason of such misrepresentations, and agreeing to indemnify him from being compelled to pay any further sum by reason thereof. The release, however, expressly provided that plaintiff did not relinquish or release any action or cause of action against C. by reason of the premises, but reserved his right to sue C. or the firm of C. Bros, on such cause of action. Held, that such instrument should not be treated as a technical release terminating plaintiff’s cause of action against all the joint tort feasors, but as a covenant not to sue H., and was therefore no defense to an action against C.</p> <p>If 1. See Release, vol. 42, Cent. Dig. §§ 68, 71.</p>