Peter v. Weirick
Ohio Supreme Court
Error to the District Court of Seneca county. On the 8th of December, 1870, Jesse Weirick and Upton 1. Weirick, partners as J. Weirick & Sou, brought suit in the Court of Common Pleas of Seneca county against Spencer Lewis and Eiteh B. Lewis, partners as S. Lewis & Brother, and Peter Kautzman and T. M. Walker on a promissory note, of which the following is a copy: “ Belleeontaine, Ohio, June 1, 1870. “ Six months after date we promise to pay to the order of S. Lewis &…
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Error to the District Court of Seneca county. On the 8th of December, 1870, Jesse Weirick and Upton 1. Weirick, partners as J. Weirick & Sou, brought suit in the Court of Common Pleas of Seneca county against Spencer Lewis and Eiteh B. Lewis, partners as S. Lewis & Brother, and Peter Kautzman and T. M. Walker on a promissory note, of which the following is a copy: “ Belleeontaine, Ohio, June 1, 1870. “ Six months after date we promise to pay to the order of S. Lewis & Brother, or bearer, three hundred and seventy-five dollars, value received, payable at the People’s Bank at Bellefontaine, 0.,…
1Opinion of the CourtWhite, J.
At common law a joint action could only be brought to enforce a joint liability. This principle of the common law has been greatly modified by legislation.
Section 38 of our code of civil procedure provides as follows : “ Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange .and promissory notes, may, all or any of them, be included in the same action at the option of the plaintiff.”
Section 122, which prescribes a short mode of declaring *333on certain causes of action, provides that “ when others than, the makers of a promissory note, or the…
2Cases cited2 opinions
- De Ridder v. SchermerhornNew York Supreme Court · 1851
- Allen v. Fosgate & FosgateNew York Supreme Court · 1855