American Cases On Contract : Arranged in Accordance With the Analysis of Anson On Contract ...

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Or it may be assigned for error. Chilty's Plead. 53.
The judgment is reversed and the proceedings subsequent to the motion to dismiss the cause set aside, with costs. Cause remanded, etc.* HALE V. SPAULDDSTG et al.
145 MASSACHUSETTS, 482.— 1888.
Contract upon an instrument under seal by which the defend- ants, six in number, agreed to pay the plaintiff, on demand, six- sevenths of any loss which he might suffer as indorser of a certain note.
Defendant Saltmarsh filed an answer alleging that, si
...nce the execution of the instrument sued on, plaintiff had executed and delivered the following instrument, under seal, to one of the joint obligors : "Eeceived of L. V. Spaulding f 1060.84, in full satisfaction for his liability on the document," etc. (describing it).
It appeared in evidence that plaintiff had settled with each of ■ ' A joint demand cannot be set ofl against a separate demand. JElliott v.
Bell, 37 W. Va. 834.
" Wlierever an obligation is undertaken by two or more persons, it is the general presumption of law that it is a joint obligation.


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