Toby & Co. v. Hart
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiffs instituted suit as the holders, and for the recovery of the amount of the following note ; “ $1200 JVew-Orleans, 20th July, 1832. “ Two years after date, we promise to pay to the order of J. H. Krofft, at the United States Branch Bank in' this city, twelve hundred dollars, for value received. “H. M. Hart, “H. M. Hyams.
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiffs instituted suit as the holders, and for the recovery of the amount of the following note ; “ $1200 JVew-Orleans, 20th July, 1832. “ Two years after date, we promise to pay to the order of J. H. Krofft, at the United States Branch Bank in' this city, twelve hundred dollars, for value received. “H. M. Hart, “H. M. Hyams. Endorsed, “ J. H. Krofft, Thomas Toby, J. H. Field, & Co.” The defendants severed in their answers. Hart admitted his signature, and averred he could only be jointly liable in any event, for his portion of the…
1Opinion of the CourtBullard, J.
The appellant assigns for errors apparent on the face of the record, first, that the plea of Hyams to the jurisdiction of the court was improperly overruled, and second, that the judgment is in solido, on a joint obligation.
I. The first assignment, we think, cannot avail the party. The obligation on which the suit is brought, is manifestly a joint one, and the 2080th article of the La. Code, requires that “ in every suit on a joint'contract, all the obligors must be made defendants, and no judgment can be found against any, un^ess it can be proved that all joined in the obligation, or are by…
2Cited by6 opinions
- King v. Wm. J. Burns International Detective Agency, Inc.Supreme Court of Louisiana · 1922
- Hillebrandt v. Home Indemnity Co.Supreme Court of Louisiana · 1933
- Thompson v. ChrétienSupreme Court of Louisiana · 1842
- State ex rel. Zuntz v. Judge of the Fifth District CourtSupreme Court of Louisiana · 1878
- Fournet v. De VilblissDistrict Court, W.D. Louisiana · 1938
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