RELEASE. The giving up or abandoning a claim or right to the person against whom the claim exists or the right is to be exer cised or enforced.
Releases may either give up, discharge, or abandon a right of action, or convey a man's interest or right to another who has posses sion of it or some estate in the same. Shepp. Touchst. 320; Littleton 444. In the former class a mere right is surrendered; in the other not only a right is given up, but an in terest in the estate is conveyed and becomes vested in the release.
An express release is one directly made in terms by deed or other suitable means.
An implied release is one which arises from acts of the creditor or owner, without any express agreement. See Pothier, Obl. nn. 608, 609.
A release by operation of law is one which, though not expressly made, the law presumes in consequence of some act of the releasor ; for instance, when one of several joint ob ligors is expressly released, the others are also released by operation of law; 3 Salk. 298; Rowley v. Stoddard, 7 Johns. (N. 207.
Releases of claims which constitute a cause of action acquit the releasee, and re move incompetency as a witness resulting from Interest.
Littleton says a release of all demands is the best and strongest release; sect. 508. Lord Coke, on the contrary, says claims is a atronger word; Co. Litt. 291 b.
In general, the words of a release will be restrained by the particular occasion of giv ing It; T. Raym. 399. It cannot apply to cir cumstances of which the party had no knowl edge at the time he executed it ; and if it be so general as to Include matters never con templated, the party will be entitled to re lief : 6 H. & N. 347.
The general words in a release are lim ited always to the things which were in the contemplation of the parties when the re lease was given ; L. R. 4 H. L. 623.
The word release in an assignment for the benefit of creditors, requiring creditors ac cepting its terms to execute releases of their claims, was held to include any instrument sufficient to secure the absolute discharge-of the debtor as to creditors accepting the terms of the assignment; Burgisp v. Westmoreland, 38 S. C. 425. 17 S. E. 56. See PREFERENCE.
In the following cases a construction has been given to the expressions mentioned: A release of "all actions, suits, and de mands:" 3 Mod. 277: "all actions, debts, du ties, and demands ;" id. 1, 64; 8 Co. 150 b; 2 Saund, 6 a; "all demands ;" 5 Co. 70 b; Salk. 578; Tryon v. Hart, 2 Conn. 120; "all actions, quarrels, trespasses;" Dy. 2171, pl. 2; Cro. Jac. 487; "all errors, and all ac tions, suits. and writs of error whatsoever ;" T. Rayrn. 399; "all suits ;" 8 Co. 150; "of covenants ;" 5 Co. 70 b.
Where a creditor promised to sign a re lease of his claim, but afterwards refuses to execute it, the debtor is not released from liability; McNutt v. Loney, 153 Pa. 281, 25 Atl. 1088. A parol agreement to release a party from liability on a note, unsupported by any consideration, cannot be enforced; Maness v. Henry, 96 Ala. 454, 11 South. 410. The voluntary payment by a third person of the amount then due on a contract is a suffi cient consideration to support a release of the contract; Indianapolis Rolling Mill v. R. R., 120 U. S. 256, 7 Sup. Ct. 542, 30 L. Ed. 639.
A release under seal may be attacked at law for fraud in the consideration where the seal is by statute made only prima facie evidence of consideration ; Olston v. Ry. Co., 52 Or. 343, 96. Pac. 1095, .97 Pac. 538, 20 L.