When a joint covenantor gives a bill of exchange for part of a debt secured by the covenant, on which a judgment is recovered, is it a bar to an action against the joint covenantors?
Saskatchewan, Canada
The following excerpt is from Roycroft v. Uglum, 1921 CanLII 289 (SK QB):
One of three joint covenantors gave a bill of exchange for part of a debt secured by a covenant, on which bill judgment was recovered: Held that such judgment was no bar to an action on the covenant against the three, such bill not being averred to have been accepted in satisfaction, or to have produced it in fact. Drake v. Mitchell, 3 East 251 (7 R.R. 449).
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