Harrison v. McCormick

Citations

• 122 Cal. 651
• 55 P. 592
• 1898 Cal. LEXIS 652

Syllabus

<p>Action Against Partners—Amendment op Complaint—Joinder op Co-partner—Statute op Limitations—Release.—In an action brought against two members oí a copartnership to recover for goods sold to the partnership, an amendment of the complaint rendered necessary merely to join a third partner as codefendant, does not state a new cause of action against the original defendants; and the sustaining of a demurrer of such third partner to the amended complaint, on the ground that the cause of action was barred as to him by the statute of limitations when he was joined as defendant, and the dismissal of the action as to him, does not entitle the original defendants to a like dismissal, nor does it operate to release or discharge them from liability to the plaintiff.</p> <p>Id.—Joint Debt—Discharge op Codebtor—Personal Privilege—Operation op Law.—The discharge of one of several joint debtors from the joint debt against them, which does not relate to the merits of the contract, but relates only to his personal privilege to be discharged therefrom by operation of law, as the result of a plea of infancy, or of bankruptcy, or of the statute of limitations, is not available to the remaining joint debtors who have not the same personal privilege.</p>