Legal Opinion

President of Columbus v. Hart

Ohio Supreme Court

Decided December 15, 1855PublishedCited by 5 opinions

Petition in error to reverse the judgment of the District Court of Fairfield county. The original action was assumpsit, brought by the plaintiff in error against the defendant in error, upon a promissory note executed by him, jointly and severally with one Jesse B. Hart and Crim, Hart & Co. The defendant in error plead non assumpsit, and specially, in bar, that the plaintiff in error had, before the commencement of this action, brought suit upon said note, jointly, against…

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Petition in error to reverse the judgment of the District Court of Fairfield county. The original action was assumpsit, brought by the plaintiff in error against the defendant in error, upon a promissory note executed by him, jointly and severally with one Jesse B. Hart and Crim, Hart & Co. The defendant in error plead non assumpsit, and specially, in bar, that the plaintiff in error had, before the commencement of this action, brought suit upon said note, jointly, against all the makers thereof; and obtained a judgment thereon against said Jesse B. Hart, and that said judgment remained in…

1Opinion of the CourtRanney, J.

That a judgment for or against one of the makers of a joint obligation, is a bar to an action afterwards *35brought against another, was settled, upon a full review of all the authorities, in Sloo v. Lea, 18 O. R. 279. The reasons upon which the doctrine rests are somewhat technical ;'but the decision seems to have been the necessary consequence of the common law rules of pleading applicable to the question, and the legal effect of the contract upon which the action was brought.

But the case is entirely different when the obligation is, in terms, joint and several. In such case, the creditor has…

2Cited by5 opinions

  1. James Talcott, Inc. v. BurkeDistrict Court, N.D. Ohio · 1956
  2. State ex rel. Griswold v. RobertsIndiana Supreme Court · 1872
  3. Avery v. VansickleOhio Supreme Court · 1879
  4. Gaines v. S. Therman & Co.Knox County Court of Common Pleas · 1909
  5. Weil v. GuerinOhio Supreme Court · 1884

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