Scharfe v. Noble

Citations

• 67 Miss. 143

Syllabus

<p>1. Joint and Sevebal Liability. Partners. Action against one or more. Code 1880, § 1134.</p> <p>Said section provides as follows : “In any action founded on any joint, or joint and several bond, covenant, bill of exchange, promissory note, or other contract, or on any contract or liability of copartners, it shall be lawful to sue any one or more of the parties liable on such bond, covenant, bill of exchange, promissory note, or other contract or liability.”</p> <p>2. Same. Judgment against one partner. Merger.</p> <p>Under this statute a judgment against one or more joint, or joint and several debtors, does not preclude a resort to others against whom no judgment has been rendered.</p> <p>3. Same. Partnership. Joint liability. Separate actions. Law of another state.</p> <p>If, under the law of the state where the partnership debt was created, the liability of the partner is only for one-half of the debt, a separate action against him in this state will not be defeated on the ground that judgment had been recovered in this state against his copartner for the entire debt. Nothing but payment discharges the obligation.</p>