Benton v. Barnet

59 N.H. 249

Opinion

Smith, J.

Tbe suit last brought should be consolidated with ¡the first suit, costs being regulated at tbe trial term. Benton need not wait until- Noyes has established his right to recover. Tbe holders of tbe notes may have separate judgments, and at tbe same or different terms. If Noyes recovers a separate judgment, tbe rights of tbe parties can be as well adjusted as if there were but ■one judgment for Benton and Noyes.

Exceptions overruled.

Stanley, J., did not sit: tbe others concurred.