The Elements of Torts

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317. 3 In England, however, recoyerj/ of * Livingston v. Bishop, 1 Johns< 40 "wuoNGS n*r which two oe moee participate. If several suits are brought there may be several judgments in the plaintiff's favor, and possibly in different sums. He may proceed on all until satisfaction of one is obtained. Whether this is larger or smaller than the others is unimportant as bear- ing on this rule ; he may collect the largest if he can, but the collection of the smaller is equally a satisfaction; and so is the acceptance of something in satisfaction without taking out execution.* But he is entitled to his costs in all the cases.^ If the wrong consists in the appropriation of property belong- ing to the plaintiff, and a part was taken by one and a part by another, it has been held that settlement may be made with one as to the part taken by him without discharging the other; but this must be regarded as an exceptional case.' But in any case of conversion of property, whether by one or several, if settlement is made as to a part of it, and the case as to the re- mainder is expressly left undisposed of, it would doubtless, as to the parties to the arrangement at least, be still open to the customary remedies.* Wrongs not pwrposel/y done.

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