What is the common law rule that a partnership obligation is joint and several?
California, United States of America
The following excerpt is from Hobgood v. Glass, 161 Cal.App.2d 208, 326 P.2d 546 (Cal. App. 1958):
In Iwanaga v. Hagopian, 39 Cal.App. 584, 585, 179 P. 523, the court refers to the common law rule that a partnership obligation is joint, and not joint and several, and to the corollary rule that a judgment against less than all the partners upon such a liability extinguishes the original claim against all for the reason that the joint obligation is deemed merged in the judgment. The decision then proceeds to point out that in California the common law rules have been abrogated by statute:
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