Bronner v. Walrath

The evidentiary matter, discovered since the trial herein, and set forth in respondents’ brief, may not, of course, be considered on this appeal. The case must be disposed of on the record as it stands. The presumption created by the form of the Christman note is that the four parties signing it were joint and several makers and became jointly and severally liable. (National Surety Co. v. Seaich, 171 App. Div. 414; Neg. Inst. Law, § 36.) Each was liable to pay the whole amount. But if one paid more than his share, he might have contribution from the others. (Morgan v. Smith, 70 N. Y. 537;…