Sawin v. Kenny
Supreme Court of the United States
Error to the Circuit Court of the United States for the Eastern District of Arkansas. Kenny and Foley, the plaintiffs below, sued Sawin and the Little- Rock, Pine Bluff, and New Orleans Railroad Company, upon a contract which on its face appeared to have been executed by and to bind only Sawin, of the one part, and Kenny and Foley, of the other.
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Error to the Circuit Court of the United States for the Eastern District of Arkansas. Kenny and Foley, the plaintiffs below, sued Sawin and the Little- Rock, Pine Bluff, and New Orleans Railroad Company, upon a contract which on its face appeared to have been executed by and to bind only Sawin, of the one part, and Kenny and Foley, of the other. A copy of the contract was attached to and made part of the complaint; which alleged that, although executed in the name of Sawin, it was, in fact, the contract of the railroad company, and that Sawin, by signing it, became liable jointly with the…
1Opinion of the CourtChief Justice Waite
We think the court below decided correctly. By the Code of Practice of Arkansas, which was in force when this judgment was rendered, it was provided, that, “Where two or more persons are jointly bound by contract, the action thereon may be brought against all or any of them, at the plaintiff’s option ” (sect. 4480, Gantt’s Dig., 1874) ; that “judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants ” (sect. 4701) ; and that, “ though all the defendants haye been summoned, judgment may be rendered against any of them…
2Cited by28 opinions
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1940
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Bond v. DustinSupreme Court of the United States · 1884
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
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