
    WOOD adsm. OGDEN.
    In debt on bond and warrant of attorney.
    If a bond on its face purport to be a joint bond of two or more, but is executed and delivered by one only, it is his several bond. And if he sign thereto the name of all the obligors, but without their authority, it is good against him only.
    Mr. IT. W. Green
    
    moved to vacate and set aside the judgment in this case, because it was entered up against Thomas B. Wood only, on a joint bond and warrant of attorney given by him and Isaiah Wood.
    
      Mr. D. Elmer, contra,
    
    insisted that the judgment was well entered. The bond and warrant of attorney was signed “ Thomas B. and Isaiah Wood,” but it appears by Thomas B. Wood’s own affidavit read in support of this motion, that he executed the bond and warrant of attorney, and signed the names “ Thomas B. and Isaiah Wood ” without any authority from Isaiah Wood to use his name, and that it is therefore a good several bond against Thomas B. Wood. 2 Cai. Rep. 255; 2 W. Black. Rep. 1133.
   Opinion op the Court. The motion must be denied. It is the bond of Thomas B. Wood, on his own admission; and it does not lie in his mouth to avoid it by swearing to his own turpitude, nor even by shewing that he had innocently, but without authority, written the name of Isaiah Wood.

If a bond on the face of it, purports to be the joint bond of two or more, but is executed and delivered, by one only, it is his several bond. The cases cited by counsel, (viz: Motteux v. St. Aubin et al, 2 W. Bl. 1133; Green et al v. Beals, 2 Caine’s R. 254; and Gerard v. Basse, et al. 1 Dall. R. 119) are full and satisfactory upon the point.

Motion denied with costs.  