Severance

<p>Writ of Error to the Circuit Court of Russell.</p> <p>Assumpsit, by Ann Palmer, for the use of Jesse A. Palmer, against Severance & Stewart, as the joint makers of a promissory note. At the trial, it was proved the note was given for the loan of money at usurious interest, and that the principal 'sum had been paid previous to the commencement of the suit. The plaintiff then put in evidence, tending to shew that the usee was induced by Severance to trade for the note, by his assurance that the note was good, and he would pay it if the usee would wait with him until Christmas; but there was no evidence connecting the other defendant with these declarations.</p> <p>The court charged the jury, they could not find a verdict in favor of the defendant, Stewart, and against the other defendant ; but that if the defence relied on was sustained, as to one of the defendants, the verdict should be in favor of the defendants generally. The plaintiff thereupon took a non-suit, and éxcepted to the opinion of the court.</p> <p>That is here assigned as error.</p> <p>insisted, the effect of the statute, making joint obligations, &c., joint and several, [Digest, 323, § 61,] was to warrant a verdict against one, and for another joint promissor. [Ivy v. Gamble, 7 Porter, 645; Severance v,- Palmer; 9 Ala. Rep. 53.]</p> <p>cited True v. Clark, 3 Bibb, 295 ; Hall v. Rochester, 3 Cowen, 374, Williams v. McFail, 2 S. & R. 281; Tidd’s Prac. 591.</p>