Walleappa Chetty vs Sinnetamby – clr volume 3 page 090

In the case between the plaintiff (the payee of a joint promissory note) and the defendants (Sinetamby, the surviving maker, and representatives of the estates of three deceased makers), the court addressed the liability of legal representatives under a joint (not joint and several) promissory note in the absence of partnership among the makers. It was determined that, according to English law as referenced in Williams on Executors, when one of several joint contractors dies, liability under the contract devolves solely upon the surviving parties, and the legal representatives of the deceased are discharged from further responsibility. The court set aside the district court’s judgment against the estates of the deceased makers and directed that no party recover costs, emphasizing the princ