Sec 820

Upon the death of a joint promisee, the survivor alone can sue, and on the death of the survivor the right accrues solely to his personal representatives.1 In equity, however, the survivor who collects a debt may be liable to the personal representatives of the deceased promisee.2 But the executor of a deceased promisee cannot be joined with the surviving promisee.3 No such survivorship exists as to several debts.4

Sec 821

When there are two or more joint promisees, a release by one releases for all, and a receipt by one is a receipt for all.5 The court, however, will set aside a release that is plainly fraudulent, so far as concerns joint creditors;6 though not because the party releasing, if a party to the record, and representing an interest, had no actual personal interest.7 But supposing the release to be bona fide, it operates where it is validly8 executed by one of several joint creditors, whether acting in a personal or fiduciary capacity, as a release of the debt so far as concerns all the joint creditors.9 It is only in cases where the release is given in fraud of the other joint creditors and in collusion with the debtor that equity will interfere.1

On death of joint promisee debt survives.

One joint promisee may release.

1 Leake, 2d ed. 453; Ch. on Pl. 16th Am. ed. 21; Martin V. Crompe, 1 Ld. Ray. 340; Jones V. Yates, 9 B. & C. 532; Anderson V. Martindale, 1 East, 497; Jell V. Douglass, 4 B. & Ald. 374; Crocker V. Beall, 1 Low. 416; Burnside V. Merrick, 4 Met. 540; Murray V. Mumford, 6 Cow. 441; Stowell V. Drake, 3 Zab. 310; Kinsler V. McCants, 4 Rich. 46.

2 Martin V. Crompe, 1 Ld. Ray. 340; Anderson V. Martindale, 1 East, 497; Vickers V. Cowell, 1 BeaV. 529; see supra, sec 765-6.

3 Smith V. Franklin, 1 Mass. 480; Peters V. Davis, 7 Mass 257; Clark V. Parish, 1 Bibb, 547, 3 Bibb, 261; Murphy V. Bank, 5 Ala. 421.

4 1 Saund. 153; Enys V. Donnithorne, 2 Burr. 1197; Carthrae V. Brown, 3 Leigh, 98.

5 Infra, sec 949; Dicey, ut supra, 108; Jacomb V. Harwood, 2 Ves. Sen. 265; Johnson V. Holdsworth, 4 Dow. P. C.

63; Herbert V. Piggett, 2 C. & M. 384; Rawstorne V. Gandell, 15 M. & W. 304; Tuckerman V. Newhall, 17 Mass. 581; Wiggin V. Tudor, 23 Pick. 444; Pierson V. Hooker, 3 Johns. 68; Napier V. McLeod, 9 Wend. 120; Newcomb V. Raynor, 21 Wend. 108; Bruen V. Mar-quand, 17 Johns. 58; and cases cited infra, sec 949, 957. As to whether an informal discharge operates as a release, see infra, sec 941. As to release generally, see infra, sec 1031.

6 Jones V. Herbert, 7 Taunt. 421; Piercy V. Fynney, L. R. 12 Eq. 69; Barker V. Richardson, 1 Y. & J. 362; Skaife V. Jackson, 3 B. & C. 422; Gram V. Cadwell, 5 Cow. 489; see Phillips V. Clagett, 11 M. & W. 84.

7 Gibson V. Winter, 5 B. & Ad. 102.

8 Infra, sec 941.

9 Ibid.; 2 Ch. on Cont. 11th Am. ed. 1152; Bac. Abr. Release, D. Wilkinson V. Lindo, 7 M. & W. 81; Halsey V. Whitney, 4 Mason, 206; Decker V.