Cochrane v. Cushing, 124 Mass. 219 (Mass. 1878).
Search
Cochrane v. Cushing, 124 Mass. 219 (Mass. 1878). Book View Copy Cite
Alice C. Cochrane
v.
Elizabeth A. Cushing
Massachusetts Supreme Judicial Court.
Mar 10, 1878.
124 Mass. 219
B. E. Perry, for the defendant., T. Weston, Jr., for the plaintiff.
Cited by 4 opinions  |  Published
By the Court.

The executrix of the deceased obligor could only be sued separately. She could not have been sued jointly with the surviving obligor. New Haven & Northampton Co. v. Hayden, 119 Mass. 361. The discharge in bankruptcy of the principal did not release the surety. U. S. Rev. Sts. § 5118.

Exceptions overruled.