Binge v. Smith

Sometime before January 1, 1843, William H. Binge and a man named Titus entered into a contract. Binge made a promissory note, indorsed by James Blair, to pay Sampson Smith $300 on or before January 1, 1843. Payment was not made and Smith filed an action in Red River County, Texas. Binge and Blair did not appear, and they appealed from the default judgment.^[1]

Judge William J. Jones delivered the opinion of the court. The contention that in a joint contract required both parties be sued was not supportable under either common law or statute. Second, Jones noted that the plaintiff could bring actions against both the maker and indorser, so long as he followed the proper procedure, which he did.^[2]

Jones noted that even had Smith sued Binge, Titus, and Blair separately, the judge may have joined the cases anyway to reduce costs.^[3]

Judges Richard Morris and R. E. B. Baylor dissented, believing that the joinder was not permitted. They would have reversed on that ground.^[4]