Workingmen's Co-Operative Bank v. Wallace

In petition for rehearing it is contended that in the opinion and judgment filed herein on September 11, 1942, we departed from the rule stated in Nelson, et al., v. Ziegfield, 100 Fla. 1433,131 So. 316, because in that case we held:

"Where the declaration and the proof show that the obligation upon which suit was brought was the joint obligation of the defendant and another, the obligation being joint, the action to enforce the obligation must be joint. Proof of a joint obligation will not support an action against one of the joint obligors wherein the plaintiff alleges a several or single…