Ashley v. Willard
Supreme Court of Vermont
THE plaintiff declared upon a promissory note made by the defendants jointly to one Ebenezer Kingsley or order, and by him endorsed, and notice of the endorsement given, The defendants filed a declaration in set-off, with several counts, as against the endorsor before notice received; one of which counts was upon a receipt given to the defendant Willard upon settlement of book accounts, in which Kingsley acknowledged' there was due to him a balance of 44 dols. 68 cts.
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THE plaintiff declared upon a promissory note made by the defendants jointly to one Ebenezer Kingsley or order, and by him endorsed, and notice of the endorsement given, The defendants filed a declaration in set-off, with several counts, as against the endorsor before notice received; one of which counts was upon a receipt given to the defendant Willard upon settlement of book accounts, in which Kingsley acknowledged' there was due to him a balance of 44 dols. 68 cts. The question now made was, whether, as the note was made jointly and not severally by the defendants, they could, in their…
1Opinion of the Court
Sed per Curiam.
The joint promisors to a note are copartners in the contract, and the payment of *392one is the payment of both. If the promisee is indebted to both or either, they may join in a declaration in set-off, and have several counts; some applicable to the demands of one, and-some to the demands of the other; or entirely to the demands of 'one, or the joint demands of both.
Cephas Smith, Junior, for the plaintiff. Chauncey Langdon, for defendant.
Plaintiff nonsuited.
2Cited by3 opinions
- Brodek v. FarnumWashington Supreme Court · 1895
- Johnson v. KelleySupreme Court of Vermont · 1895
- Wagner v. StockingOhio Supreme Court · 1872