Printable Format16-105. Release of persons jointly or severally liable. Any person jointly or severally liable with others for the payment of any debt or demand may be released from such liability by the creditor, and such release shall not discharge the other debtors or obligors beyond the proper proportion of the debt or demand for which the person released was liable.
History: G.S. 1868, ch. 21, § 5; October 31; R.S. 1923, 16-105.
Cross References to Related Sections:
Contribution between joint obligors, see 60-2413.
CASE ANNOTATIONS
1. Release of one joint debtor does not affect other’s liability. Howard v. Yost, 6 K.A. 374, 375, 50 P. 1098.
2. Plaintiff may dismiss some defendants and proceed against the rest. Whittenhall v. Korher, 12 K. 618.
3. Joint obligor dismissed; debt discharged in proportion to his interest. Davies v. Jones, 61 K. 602, 606, 60 P. 314.
4. Proportional reduction of debt; when joint maker of note released. Smith v. White, 73 K. 607, 608, 85 P. 588.
5. Alteration of promissory note; section cited. White v. Smith, 79 K. 96, 99, 98 P. 766.
6. Release of one joint wrongdoer will not release the others. Edens v. Fletcher, 79 K. 139, 147, 98 P. 784.
7. Purchase of property from separate owners; severally liable upon contract. Martin v. City of Chanute, 96 K. 433, 436, 152 P. 20.
8. Release of joint obligor only payment pro tanto of others. City of Topeka v. Brooks, 99 K. 643, 647, 164 P. 285.
9. Release of one surety on bond does not release others. Sparks v. Nech, 138 K. 343, 345, 26 P.2d 586.
10. Cited; all taxpayers not released because of detachment of territory. Williams v. Holt, 180 K. 308, 310, 303 P.2d 208.
11. Release of one partner jointly liable on debt does not discharge other to the extent of one-half. Misco Leasing, Inc., v. Bush, 208 K. 45, 47, 48, 490 P.2d 367.
12. Construed in relation to status of parties. Flett Construction Co., Inc. v. Williams, 210 K. 28, 29, 500 P.2d 54.