Moore v. Stanwood

Citations

• 98 Ill. 605
• 1881 Ill. LEXIS 298

Syllabus

<p>1. Release—when a discharge of all. The technical rule by which a release of one joint debtor is made to operate as a discharge of all, is not to be extended to cases not within the reason and equity of the rule.</p> <p>2. Same—composition in bankruptcy. A composition between a bankrupt debtor and his creditors, and the payment of the amount assented to, while a satisfaction of the debt, so far as the bankrupt is concerned, does not operate to discharge and release one jointly indebted with the bankrupt. Whether the creditor consents to such composition or not makes no difference.</p> <p>3. Although the Bankrupt law declares that the composition, when paid, shall be a satisfaction of the debt due to the creditor from the debtor, the true meaning is that it is a satisfaction of the liability involved, and that the legal effect is not to extinguish the debt, in so far as relates to the liability of others not parties to the proceeding.</p> <p>4. Appellate Couet—finding of facts by. This court is not allowed to assume any fact as shown, in a case at law coming from the Appellate Court, from the finding by that court of circumstantial evidence tending to establish such fact. Whether circumstantial evidence is sufficient to prove any ultimate fact, is not a question of law.</p>