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Hawaii Revised Statutes

Haw. Rev. Stat. § 483-2 (2026)

  Co-obligor not discharged when

✓ current as of July 2026
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     §483-2  Co-obligor not discharged when.  A judgment against one or more of several obligors, or against one or more of joint, or of joint and several obligors shall not discharge a co-obligor who was not a party to the proceeding wherein the judgment was rendered. [L 1941, c 60, §2; RL 1945, §8742; RL 1955, §192-2; HRS §483-2]

 

Case Notes

 

  Based on the facts and issues raised in plaintiff’s complaint, the nature of the grievance and the relief sought, where the essential character of the underlying action was one of equitable contribution under this section and was not an action in the nature of assumpsit under §607-14, the circuit court abused its discretion in awarding attorney’s fees and costs to defendants under §607-14.  128 H. 366 (App.), 289 P.3d 1002 (2012).

  Cited:  42 H. 111, 115.

 

 

Notes of Decisions
Cited in 2 cases, 2000–2012 · leading case: Lee v. Yano, 997 P.2d 68 (Haw. App. 2000).
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Lee v. Yano, 997 P.2d 68 (Haw. App. 2000). · cites it 8× “A judgment against one or more of several obligors, or against one or more of joint, or of joint and several obligors shall not discharge a co-obligor who was not a party to the proceeding wherein the judgment was rendered.”
Kim v. Kam, 289 P.3d 1002 (Haw. App. 2012). · cites it 7× “In Kim’s November 3, 2010 Complaint, he did not seek recovery of damages for breach of contract; rather, he sought an equitable contribution from the Defendants under HRS § 483-2 (Repl.2008) 6 for their pro-rata share of the 2009 Judgment.”
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