Bossak v. National Surety Co.

Finch, J.:

Plaintiffs, as copartners, are suing the two defendants upon policies of insurance issued by them, covering the same goods, for a loss of said goods by a burglary. The policies are separate, but each of the defendants is liable only pro rata for the loss.

Section 211 of the Civil Practice Act provides as follows: “All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable, according to their…