Any joint debtor may make a separate composition with his creditor as prescribed in this section. Such composition shall discharge the debtor making it and him only. The creditor must execute to the compounding debtor a release of the indebtedness or other instrument exonerating him therefrom. A member of a partnership cannot thus compound for a partnership debt until the partnership has been dissolved by mutual consent or otherwise. In that case the instrument must release or exonerate him from all liability incurred by reason of his connection with the partnership. An instrument given pursuant to this section shall not impair the creditor's right of action against any other joint debtor or his right to take any other proceeding against the latter unless an intent to release or exonerate him appears affirmatively upon the face thereof.
HISTORY: 1962 Code Section 11-251; 1952 Code Section 11-251; 1942 Code Section 7038; 1932 Code Section 7038; Civ. C. '22 Section 5598; Civ. C. '12 Section 3944; Civ. C. '02 Section 2841; R. S. 2311; 1883 (18) 431.
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