Munyan v. French

The opinion of the court was delivered by

Beasley, Chief Justice.

The following facts give rise to the problem to be solved:

The two defendants, French and Fox, executed a joint money bond to the plaintiff, and while this instrument was outstanding French, becoming insolvent, made a statutory assignment for the benefit of his creditors, and that the plaintiff duly made claim thereunder by virtue of the bond in question.

The present action is against both defendants, founded on this instrument. The declaration is in the ordinary form, *19alleging a joint obligation in both obligors to pay the money…