Scott v. Kay

CAREY, Justice.

The defendant below asks us to reverse a ruling of the Superior Court which denied his application to dismiss, or alternatively to stay, the action below. The suit was brought upon four promissory notes signed by appellant and three other individuals. All obligors were joined as defendants but service was made only upon appellant, the other three defendants being non-residents of Delaware. For the present purposes, counsel agree that the notes created a joint, and not a several, obligation.

Appellant’s theory is that the suit cannot be prosecuted against him alone and must…