Lamson v. Habbart

Rodney, J.,

delivering the opinion of the Court:

If the present plaintiff is the holder of said note in due course, then, concededly, each and every one of the indorsers is or may be liable to such holder. This does not mean that their liability as indorsers is of the same quality or equal in all respects. This may depend in some degree upon whether the obligation of such indorsers is joint, several, or joint and several. It is únnecessary to consider the exact nature of this obligation. If it was joint, then clearly all those bound by a joint liability should be joined as parties defendant. '…