Lamew v. Wilson-Ward Co.
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; B. E. Jeffery, Judge; STATEMENT BY THE COURT. This is a suit brought by the appellee against appellant and one John A. Bush, upon their joint note for $1,000. The note was signed by the firm of Bush & Lamew and by W. L. Lamew and John A. Bush individually. There was no service upon Bush, but service was had upon Lamew.
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Appeal from Lawrence Circuit Court; B. E. Jeffery, Judge; STATEMENT BY THE COURT. This is a suit brought by the appellee against appellant and one John A. Bush, upon their joint note for $1,000. The note was signed by the firm of Bush & Lamew and by W. L. Lamew and John A. Bush individually. There was no service upon Bush, but service was had upon Lamew. Lamew answered that he was liable to the appellee for one-half of the amount of the note and no more, and offered to confess judgment for $565, and for the costs of suit. The court, upon the complaint and answer, rendered judgment against the…
1Opinion of the CourtWood, J.
(after stating the facts). “Joint obligations shall be construed to have the same effect as joint and several obligations, and may be sued on, and recoveries had thereon in like manner.” Kirby’s Digest, section 4420.
“Persons severally liable upon the same contract, including parties to bills of exchange, promissory notes, etc., may all or any of them, be included in the same action, at the plaintiff’s option.” Kirby’s .Digest, sections 6009, 6010. See Maledon v. Leflore, 62 Ark. 391.
Judgment affirmed.
2Cited by3 opinions
- Ohio Galvanizing & Manufacturing Co. v. NicholSupreme Court of Arkansas · 1926
- Meyers Store Co. v. Colorado Milling & Elevator Co.Supreme Court of Arkansas · 1933
- Larcon Company v. WallingsfordDistrict Court, W.D. Arkansas · 1955