Cross References to Related Sections:

Contribution between joint obligors, see 60-2413.

Law Review and Bar Journal References:

Rights of creditors in partnership assets, Darlene G. Anderson, 3 J.B.A.K. 283, 285 (1935).

"Selecting the Appropriate Business Unit," Wayne L. Townsend, 4 K.L.R. 487, 493 (1956).

"Farm Business Units in Kansas," 7 K.L.R. 348, 356 (1959).

"Kansas and the Uniform Partnership Act," Phil H. Lewis, 37 J.B.A.K. 297, 329 (1968).

CASE ANNOTATIONS

1. Release of one joint maker not release of others. Howard v. Yost, 6 Kan. App. 374, 375, 50 P. 1098.

2. Section applied to partnership note. Silvers v. Foster, 9 Kan. 56, 58, 60.

3. Plaintiff may dismiss one obligor and obtain judgment against others. Alvey v. Wilson, 9 Kan. 401, 405.

4. Any or all obligors on promissory note held liable. Whittenhall v. Korher, 12 Kan. 618, 619.

5. Liability on judgment joint and several, set off against either. Read v. Jefferies, 16 Kan. 534, 536.

6. Action may be maintained against surety alone without joining principal. Jenks v. School District, 18 Kan. 356.

7. Suit may be brought against surety or principal or both. Swerdsfeger v. The State, 21 Kan. 475, 477.

8. Surety liable on appeal bond even though one defendant dismissed. Lutt v. Sterrett, 26 Kan. 561, 562.

9. Section applied to contracts of insolvent partnership. Fullam & Co. v. Abrahams, 29 Kan. 725, 727.

10. Partners liable jointly or severally for firm debts; attachment considered. Williams v. Muthersbaugh, 29 Kan. 730, 733.

11. Judgment enforceable against either partner's property or partnership property. Stout v. Baker, Sheriff, 32 Kan. 113, 116, 4 P. 141.

12. Sureties alone sued; when principal may also join and defend. Gerson v. Hanson, 34 Kan. 590, 592, 9 P. 230.

13. Partners jointly or severally liable for covenants in lease. Dunn v. Jaffray, 36 Kan. 408, 411, 13 P. 781.

14. Execution against individual stockholder to satisfy judgment against corporation considered. Head v. Daniels, 38 Kan. 1, 8, 15 P. 911.

15. Holder of note may sue surety without joining principal. Kirkpatrick v. Gray, 43 Kan. 434, 435, 436, 23 P. 633.

16. Upon death of joint obligor surviving obligor held; failure to revive against one obligor not bar against others. Richardson v. Painter, 80 Kan. 574, 575, 102 P. 1099.

17. Firm entitled to benefit of promise made to individual partner. Danielson v. Scott, 88 Kan. 789, 793, 129 P. 1190.

18. Purchase of property from separate owners; severally liable upon contract. Martin v. City of Chanute, 96 Kan. 433, 436, 152 P. 20.

19. Judgment against one joint debtor; effect on liability of others. City of Topeka v. Brooks, 99 Kan. 643, 648, 164 P. 285.

20. Section cited; failure to prove joint obligation. Grocery Co. v. Scheetz, 99 Kan. 772, 773, 163 P. 168.

21. Discussed; all persons severally liable not included in petition; petition not demurrable. Erne v. Broiles, 173 Kan. 882, 886, 252 P.2d 612.

22. Cited in case concerning the homestead interest in a house trailer. In re Estate of Dahn, 204 Kan. 535, 539, 464 P.2d 238.

23. Applied; garnishment in aid of execution; partnerships liability where judgment against a partner. McClintock v. McCall, 214 Kan. 764, 767, 522 P.2d 343.

24. Noted in holding that Article 13 of the probate code provides no relief to surviving comakers of decedents. Farmers State Bank of Ingalls v. Friesen, 15 Kan. App. 2d 132, 136, 803 P.2d 1049 (1991).