Lewis v. Clarkin

Citations

• 18 Cal. 399
• 1861 Cal. LEXIS 210

Syllabus

<p>Plaintiff sells goods to C. on his individual account. Subsequently, C. directs plaintiff to charge the goods to the joint account of C. & J., which is done. Plaintiff sues C. & J. jointly. Proven that C. had no authority to bind J.: Held, that, although J. is not liable, judgment may he rendered against C.; that our Practice Act, sec. 145, has modified the common law rule—that, in suit against several joint debtors, plaintiff must recover against all or none— so far, at least, as to permit judgment against a portion of the defendants wherever the contract purports on its face to be the contract of all the parties sued, and it turns out in proof that a portion only are liable.</p> <p>Query: whether the common law rule is not modified even further than this. New York cases referred to.</p> <p>Stearns v. Aguirre, (6 Cal. 176) in this respect, overruled.</p>