Sigony v. Richards
Connecticut Superior Court
Action on a note, declaring that the defendants in and hy a certain note, etc. jointly and severally promised to pay to him, etc. Bichareis prays oyer of the note and pleads in abatement; that there is a material variance between the note declared upon and the note shown on oyer; for that the note shown on oyer appears to have been executed by Buel only, for himself and Richards; and that he could not hind Richards severally although the note is so expressed. Demurrer.
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Action on a note, declaring that the defendants in and hy a certain note, etc. jointly and severally promised to pay to him, etc. Bichareis prays oyer of the note and pleads in abatement; that there is a material variance between the note declared upon and the note shown on oyer; for that the note shown on oyer appears to have been executed by Buel only, for himself and Richards; and that he could not hind Richards severally although the note is so expressed. Demurrer. Judgment — Plea insufficient.
1Opinion of the Court
The note is expressly joint and several. The plaintiff has declared upon it truly, as it is expressed to bo on the face of it; there is therefore no variance.
Whether Buel had authority to bind Richards his co-partner, severally or not, may depend upon circumstances, which might he disclosed in an. action, brought against him severally; but this is a joint action brought against both, in which that question doth not arise.
2Cited by1 opinion
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