Co-obligor not discharged when.

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§483-2 Co-obligor not discharged when. A judgment against one or more of several obligors, or against one or more of joint, or of joint and several obligors shall not discharge a co-obligor who was not a party to the proceeding wherein the judgment was rendered. [L 1941, c 60, §2; RL 1945, §8742; RL 1955, §192-2; HRS §483-2]

Case Notes

Based on the facts and issues raised in plaintiff’s complaint, the nature of the grievance and the relief sought, where the essential character of the underlying action was one of equitable contribution under this section and was not an action in the nature of assumpsit under §607-14, the circuit court abused its discretion in awarding attorney’s fees and costs to defendants under §607-14. 128 H. 366 (App.), 289 P.3d 1002 (2012).

Cited: 42 H. 111, 115.


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