Clark v. Boyd

On the 1st of December, 1823, Hopkins and Boyd executed their writing, signed and sealed by each, promising to pay to Bolin Clark, on Saturday, next succeeding the date, the sum of two hundred dollars in Commonwealth’s paper; binding themselves, thereby, jointly and severally. This was assigned to Phinuel Clark, on the 13th of January, 1824.

On the 4th September, 1824, the assignee sued Boyd alone in covenant. The declaration sets forth the obligation as joint and several, and the assignment, on the 13th January, 1824; the breach assigned, is that the obligation was not paid, by either Boyd or…