Section 449.152 - Settlements with creditors; written discharge by creditors, bar to recovery. - Michigan Statutes

PARTNERS AND JOINT DEBTORS; SETTLEMENTS OR COMPROMISES WITH CREDITORS (EXCERPT)
Act 181 of 1859

449.152 Settlements with creditors; written discharge by creditors, bar to recovery.

Sec. 2.

Every such debtor or debtors making such settlement or compromise shall take from the creditor or creditors or their attorney with whom he may make the same a receipt or memorandum in writing exonerating and discharging him or them from all and every individual liability incurred by reason of such connection with such firm or copartnership whether such liability was incurred as endorsee acceptors or otherwise which receipt or memorandum shall refer to the instrument as evidence of the indebtedness and may be given in evidence by such debtor or debtors under the general issue in bar of any creditors right or of recovery against him or them or any indebtedness or liability so settled or compromised and if such liability shall be by judgment in any court of this state then on production to and filing in such court a receipt or memorandum signed by such creditor agent or attorney entitled in such cause describing such judgment then the justice before whom such judgment may remain or if in a court of record then the clerk of such court shall discharge such judgment of record so far as such debtor or debtors so settling or compromising shall be concerned.

History: 1859, Act 181, Eff. May 18, 1859 ;-- CL 1871, 6200 ;-- How. 7784 ;-- CL 1897, 10450 ;-- CL 1915, 14582 ;-- CL 1929, 9936 ;-- CL 1948, 449.152