Spencer v. Houghton

Citations

• 2 Cal. Unrep. 464
• 6 P. 853
• 1885 Cal. LEXIS 830

Syllabus

<p>Guardian—Release of Surety.—Where the defendant became a surety in place of a surety on the former bond of a guardian, he and the other sureties on the former bond became joint obligors-, though their contracts were contained in different instruments; and under the law, as it existed in California in 1871, a release of one of the joint obligors released all the co-obligors, and therefore, under an order releasing all the obligors on the former bond, but not including the defendant in the release, his liability ceased at the time of such release, and- he cannot be held liable for any subsequent defalcation.</p>