Wright v. Mix

Citations

• 76 Cal. 465
• 18 P. 645
• 1888 Cal. LEXIS 910

Syllabus

<p>Extinguishment of Obligation by Payment. — Where A owes B and 0 jointly, and C accepts from A a certain sum in satisfaction of his share of what is due, his right is extinguished and cannot be kept alive by an assignment without consideration to a third person “ in trust ” for A.</p> <p>Id. — Bab of Judgment. — If afterwards B sues A on the whole claim, A must plead the payment to C in partial satisfaction of the claim; if not, the judgment against A is conclusive, and he cannot maintain a suit in the name of the third person for an interest in the judgment against himself.</p>