
    
      PERETZ vs. PERETZ & AL.
    
    Spring 1811.
    
      First District.
    
    Maker and indorser suable jointly.
    The defendants were the maker and endorser of a note pf hand, and the plaintiff the last endorser.
    
      Ellery for the defendant.
    A joint suit was improperly brought, the defendants’ obligations are several, and arose at different periods ; that of the maker is absolute, and that of the endorser, conditional. The remedy must be of the same nature as the cause of action. The one cannot be joint, when the other is several,
    
      Fromentin for the plaintiff.
    That is the rule of the common law of England. It prevails, perhaps in such of the United States, in which the law and equity jurisdiction is divided, and there in courts of law only. The Spanish law, following, the principles of the civil, gives the action contra todos y cada uno. 3 Febrero, 405. n. 13.
   By the Court.

The suit is rightly brought.

The Spanish authority, cited by the plaintiff’s counsel, fully supports him. The rule is the same in the courts of equity in the United States and in the court of chancery in England, which the practice is according to the rules of the civil law. If a debt be joint and several, each of the debtors must be brought before the court. Madox vs. Jackson, 3 Atkins, 406. All concerned in the demand ought to be made parties. 2 Ventris, 348.

Action Sustained.  