Sigony v. Richards

1 Root 119

Opinion

The note is expressly joint and several. The plaintiff has declared upon it truly, as it is expressed to bo on the face of it; there is therefore no variance.

Whether Buel had authority to bind Richards his co-partner, severally or not, may depend upon circumstances, which might he disclosed in an. action, brought against him severally; but this is a joint action brought against both, in which that question doth not arise.