Bailey Loan Co. v. Hall

Citations

• 110 Cal. 490
• 42 P. 962
• 1895 Cal. LEXIS 1086

Syllabus

<p>Partnership —Action upon Note—Judgment by Default against Part of Defendants.—In an action upon a partnership note against three persons charged to have constituted the partnership, whose name is signed to the note, judgment may be entered by default against two of the defendants, although the action does not prevail as to the third defendant.</p> <p>Id.—Several Judgment—Joint Contract—Change of Common Law— Construction of Code.—Section 578 of the Code of Civil Procedure, which authorizes a judgment to be given for or against one or more of several plaintiffs, and for or against one or more of several defendants, abrogates the rule at common law that, in an action up.on a joint contract, the plaintiff must recover against all or none; and the rule established by that section includes as well cases in which some of the defendants have made default, as cases in which all of the defendants have appeared and answered, the only limitation being that in case of default the relief shall not exceed that which the plaintiff shall have demanded in his complaint.</p> <p>Id.—Several Liability of Partners.—The liability of partners upon a partnership note is several, as well as joint, and in a prayer for judgment upon such note against the defendants, the court is authorized to enter a several judgment against any of them.</p>