Jones v. . Thomas

The rule of the common law is free from doubt that where, in cases of contract, an action is brought against several, which cannot be supported against all, the plaintiff cannot have judgment, because the contract proved differs from that declared on — a joint contract is declared on, a several one is proved. But this rule is altered by the act of 1789, ch. 57, sec. 5, which provides "that in all cases of joint obligations or assumptions of copartners or others, suits may be brought and prosecuted on the same in the same manner as if such obligations or assumptions were joint and several."…