Johnson v. Jones-Journet

REDMANN, Judge.

Reversing the trial court, we annul as obtained by “ill practices,” C.C.P. art. 2004, a default judgment which, as appellee had prayed, cast appellant as solidarily liable on a promissory note on the face of which he was unmistakably liable only jointly.

The note holder has no semblance of grounds to consider himself entitled to collect his debt in full from one of six comakers of a note containing no promissory language other than “We promise to pay.” That the resulting obligation is not solida-ry is not open to question. Solidarity “is not presumed; it must be expressly…