Superior Court of Delaware.
Fall Sessions, 1840.
CERTIORARI to Justice Teach. Action on a promissory note for $45, given by Casperson to Shute, and indorsed by him to Register. Joint action and judgment against the drawer and indorser.
This was the exception; and the court reversed the judgment on this ground; because the liabilities of drawer and indorser being separate and distinct, arising from several contracts, and not from a joint contract, they could not be sued jointly.
Booth, for exceptants.