Fawcett v. Fell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Delaware county: No. 123, to July Term 1873. This was an action of assumpsit, brought June 16th 1873, by Morris L. Fell and others, trading as Morris L. Fell h Co., against Emmor Fawcett and Daniel D. Fawcett. ■' The plaintiffs’ statement of claim as filed was as follows:— “ The following is a statement of the claim of the plaintiffs in the above-stated action.
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Error to the Court of Common Pleas of Delaware county: No. 123, to July Term 1873. This was an action of assumpsit, brought June 16th 1873, by Morris L. Fell and others, trading as Morris L. Fell h Co., against Emmor Fawcett and Daniel D. Fawcett. ■' The plaintiffs’ statement of claim as filed was as follows:— “ The following is a statement of the claim of the plaintiffs in the above-stated action. The plaintiffs sold and delivered to the defendant, Emmor Fawcett, goods, and the following is a copy of the charges contained in plaintiff’s books of original entry against the said Emmor…
1Opinion of the CourtJustice Williams'
It is elementary law that there can be no recovery in an action ex contractu against several defendants, unless they are jointly liable, and there can be no joint liability if the contract is not joint but several. Here, as the plaintiff’s statement shows, the action *310was brought to recover the balance of a book account for goods sold and delivered to one of the defendants, and the amount of a promissory note, of which he was the maker, and the other defendant the endorser. Judgment was entered in favor of the plaintiffs against the defendants for want of an affidavit of defence, and for the…
2Cited by8 opinions
- Romberger v. RombergerSupreme Court of Pennsylvania · 1927
- Wolff v. WilsonSuperior Court of Pennsylvania · 1905
- Wolf v. HostetterSupreme Court of Pennsylvania · 1897
- First Nat. Bk. of Moscow v. KendrewSuperior Court of Pennsylvania · 1932
- Matawan Tile Co. v. GoldenSuperior Court of Pennsylvania · 1913
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