Exchange Bank v. Ford

This action was brought to collect a partnership debt. At common law partners are held to be jointly liable for the firm debts. While each is bound for *315the whole indebtedness, and while a judgment might be recovered, under some circumstances, in an action at law against one of the partners, yet the liability is regarded as joint only, and not as joint and several.

At common law, therefore, the doctrine of merger, contended for by defendant in error, who was defendant below, would undoubtedly govern this cáse; and he could plead the judgment rendered against his co-defendants in bar of the…