Downey v. Farmers & Mechanics' Bank
Supreme Court of Pennsylvania
m ERROR. This writ of error was to the Court of Common Pleas, of Franklin county, and the plaintiff in error was defendant below. It was an action on a single bill, by which William Downey, the defendant below, and a certain George Hartman, bound themselves jointly and severally, to pay the plaintiffs the sum of one hundred and sixteen dollars and eighty cents, sixty days after date.
Read the full summary
m ERROR. This writ of error was to the Court of Common Pleas, of Franklin county, and the plaintiff in error was defendant below. It was an action on a single bill, by which William Downey, the defendant below, and a certain George Hartman, bound themselves jointly and severally, to pay the plaintiffs the sum of one hundred and sixteen dollars and eighty cents, sixty days after date. Before the bringing of this suit, the plaintiffs brought a suit on the same bill, against Hartman and Downey, jointly. The writ was served on Hartman, but non est inventus was returned, as to Downey. Hartman…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
A joint and several obligation may be proceeded on, either as a joint or several contract, at the choice of the obligee. But having treated it as a joint contract, by commencing a joint action against both obligors, he is bound by his election, and cannot afterwards consider it as several. The plaintiffs have embarrassed themselves, therefore, by their first action, in which both obligors were sued jointly. And this embarrassment is not removed by the circumstance of one of the obligors not having been taken; for it was still a joint…
2Cited by7 opinions
- United States v. PriceSupreme Court of the United States · 1850
- Walter v. GinrichSupreme Court of Pennsylvania · 1834
- Taylor v. HendersonSupreme Court of Pennsylvania · 1828
- M'Divitt's v. M'DivittSupreme Court of Pennsylvania · 1835
- Pierce v. KearneyNew York Supreme Court · 1843
2 more not listed; retrieve them via the Exa API.