Page:United States Reports, Volume 1.djvu/132

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1784.

is the fole criterion. Seals are of the fame effect in Lex Mecatirua as at Common-law ; and there is no authority to maintain the oppofite doctrine ; for, Shep. 69. is not the cafe of joint contractors. The books in general, where they fpeak of the obligation impofed on one partner by the contract of another, mention only notes, and whether under feal or not, is not diftinguifhed. When we declared upon them, we alledge the fubfscription of both partners, though, in fact, one only fubfcribes. Therefore, and becaufe delivery is no farther neceffary than as evidence of paffing the intereft, the firft point feems determined in the negative.

2d.Point. He obferved that the feveral authorities quoted on the other fide, were drawn from writs of error ; and, as this record could not appear in its prefent form, if carried into a Superior Court, he inferred, that either the authorities were not applicable, or the record was to be confidered upon the ground of a removal by  writ of error: and in that cafe for error dans le record,  the judgment muft be wholly reverfed ; but when the error is debprs,  the judgment ''Cro. E.'' 115. 3. Lev. 36. More 564. Befides, he contended, that the releafe of errors, contained in the warrant of Attorney, purges and protects whatever might be deemed irregular with refpect to Soyer ; although t may not be fufficient to fet up a void proceeding againft Baƒƒe.  2 Stra.  1215. 3 Mod. 109. 6. Co. 25. (a)

Sergeant, in reply, made three points; 1ft. That the bill of one binds both from the neceffity of trade ; but that the neceffity does not extend, nor does the rule exift, in the cafe of deeds, and other fpecialities. 2d. That a judgment cannot be fet afide in part, or againft one only of the defendants. Where, indeed, the different parts of the judgment are, in their nature feparable, as in fines and common recoveries, mere modes of affurance, it may be done ; and to thofe cafes only the adverfe authorities are confined. 2 ''Bac. Abr.'' 569. explains the mode of reverfing judgments, that it can not be too often infifted upon, n the prefent cafe. 2 ''Black. Rep.'' 1131. contains the fame doctrine. 3d The releafe of errors muft be confidered under the diftinction in 3 Mod. 109. which fhew that were divers are to recover in the perfonality, the releafe of one is a bar to all, but it is not fo in point of diʃcharge.  6 Co.  25,  is explicit, that,where two, or more, are charged jointly, if that bring a writ of error to difcharge themfelves, the releafe of one  not bar the other ; for, they have not any intereft or benefit but joint charge and burthen, which cannot be difcharge or releafe unlefs by the plaintiff who has the intereft and benefit of it. therefore, Soyer's releafe does not difcharge the error, he concluded, that for the other reafons, the judgment muft be fet afide.

delivered the unanimous opinion of the CASE to the following effect.

SHIPPEN, Preʃident.—There can be no doubt that in the  of trade, the act of one partner is the act of both. There is Rh