Henderson v. Holcomb

Hill, C. J. Suit upon a promissory note executed by two as joint and several makers was brought by the payee against one of the makers alone, and the court dismissed the suit, because the other maker was not also made a party defendant. Held, error. The maker sued was not deprived of any right of defense against the plaintiff, or of eventual contribution from his co-maker, by the fact of the separate suit. The holder of the note could sue one or both of the makers. Judgment reversed.