Stage v. Olds
Ohio Supreme Court
This is an action of Covenant, from the county of Pickaway. The plaintiff declared — for that, whereas, heretofore, to wit: on the sixth day of October, 1836, at the county aforesaid, the said Ed-son B. Olds, as principal, and the said Thomas Huston, Joseph Olds, and Andrew Huston, as sureties for said Edson B. Olds, by their covenant in writing, sealed with their seals, etc., agreed and bound themselves that the said Edson B. Olds, within five years from the first day of…
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This is an action of Covenant, from the county of Pickaway. The plaintiff declared — for that, whereas, heretofore, to wit: on the sixth day of October, 1836, at the county aforesaid, the said Ed-son B. Olds, as principal, and the said Thomas Huston, Joseph Olds, and Andrew Huston, as sureties for said Edson B. Olds, by their covenant in writing, sealed with their seals, etc., agreed and bound themselves that the said Edson B. Olds, within five years from the first day of April, then next, (which period has now elapsed,) should pay to the Ohio Life Insurance and Trust Company the loan of…
1Opinion of the Court
Read, Judge.
The single question in this case, is, whether the defendants can be sued jointly.
When several persons execute an instrument, in parol or under seal, upon the same consideration, at the same time, and for the same purpose, and taking effect from a single delivery, they are, in legal effect, joint contractors or obligors. The *fact that some may have exe- [168 euted it as sureties does not affect the joint nature of the contract or obligation, but is mere evidence of the position of the makers among themselves, and protects the security in such advantage as the law bestows upon that…
2Cases cited2 opinions
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- Bingham v. KeylorWashington Supreme Court · 1898
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- Jones v. MoodyMississippi Supreme Court · 1881
- C. M. Henderson & Co. v. StetterSupreme Court of Kansas · 1883
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