Davis v. First National Bank & Trust Co.

In this case judgment on a joint promissory note was taken against less than all of the three defendants sued in the present suit and sought to be held liable jointly for the debt represented by the joint notes sued on.

At common law there must be a recovery against all or none of those declared against jointly, unless one defendant has shown a defense personal to himself not affecting the original joint liability. And the plaintiff, while maintaining his suit as a joint action against three obligors on joint notes, cannot sever and take judgment against two only of the three named as joint…