Drew v. Atchison
Supreme Court of Louisiana
This was an action before the District Court of Carroll, Gurry, J., on a promissory note, for $6000, signed by Atchison, Hall, Preston, Whitman, Dorsey, Bosworth, McCullough, and Nubert, payable on the 1st of January, 1839, to the order of one Tompkins, and by him endorsed to the plaintiff.
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This was an action before the District Court of Carroll, Gurry, J., on a promissory note, for $6000, signed by Atchison, Hall, Preston, Whitman, Dorsey, Bosworth, McCullough, and Nubert, payable on the 1st of January, 1839, to the order of one Tompkins, and by him endorsed to the plaintiff. Nubert, having died since the date of the note, his representative answered, denying particularly that the deceased ever signed the note or authorized any one to sign it for him, and, generally, all the allegations in the petition. Whitman, also, answered separately, denying that he ever signed the note.…
1Opinion of the CourtBullard, J.
The appellee moves to dismiss this appeal, on the ground that this is a joint action and the judgment joint, and that all the defendants have not appealed, nor been made parties to the appeal.
We think the motion must prevail. .In joint contracts the Code requires that all the joint obligors should be sued together, even those who may have paid, in order that they may recover back what they have paid, if it should appear that they were not bound ; and no judgment can be obtained against any, unless it be proved that all joined in the obligation, or are by law presumed to have done so. The…
2Cases cited1 opinion
- Burke v. Erwin's HeirsSupreme Court of Louisiana · 1834
3Cited by3 opinions
- Comire v. Schiro Amusement Co.Louisiana Court of Appeal · 1927
- Steckler v. SpicuzzaLouisiana Court of Appeal · 1931
- Gibson v. SelbySupreme Court of Louisiana · 1848