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The 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.
Whether 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.
Document Info
Filed Date: 7/15/1789
Precedential Status: Precedential
Modified Date: 11/14/2024