1 Root 119
Decided July 15, 1789
Connecticut Superior Court · decided 1789-07-15
Action on a note, declaring that the defendants in and hy a certain note, etc. jointly and severally promised to pay to him, etc. Bichareis prays oyer of the note and pleads in abatement; that there is a material variance between the note declared upon and the note shown on oyer; for that the note shown on oyer appears to have been executed by Buel only, for himself and Richards; and that he could not hind Richards severally although the note is so expressed. Demurrer.
Decided 1789-07-15
¶1The note is expressly joint and several. The plaintiff has declared upon it truly, as it is expressed to bo on the face of it; there is therefore no variance.
¶2Whether Buel had authority to bind Richards his co-partner, severally or not, may depend upon circumstances, which might he disclosed in an. action, brought against him severally; but this is a joint action brought against both, in which that question doth not arise.