The Vermont Statutes Online

Title 12: Court Procedure

Chapter 175: Joint Contracts

• § 5051. Action against resident joint contractor

  When a bond, recognizance, bill, note, or other contract has been executed by two or more persons jointly and one or more of them reside out of the State, an action may be sustained thereon against the party residing in the State.

• § 5052. On joint and several contracts

  An action may be sustained against one or more persons on joint and several contracts executed by three or more of them. If any of them reside out of the State, the writ shall designate such nonresidents.

• § 5053. Representative of deceased joint contractor

  When one of the several obligors or promisors jointly holden by a contract in writing dies, the representatives of such deceased person and the surviving obligors or promisors may be charged by virtue of such contract in the same manner as if it had been joint and several.

• § 5054. Discharge of a joint contractor

  A creditor having a debt or demand against a partnership or several joint obligors or promisors may discharge one or more of such partners, obligors, or promisors without impairing his or her right against the others as to the residue of his or her debt or demand.

• § 5055. Action against joint contractor not discharged

  In such cases an action may be maintained against those not discharged, setting forth in the complaint that the contract was made with the defendants and the party discharged, and that such party has been discharged. Such discharge shall have the same effect as a payment by the party discharged, of his or her equal part of the debt, according to the number of debtors aside from sureties.

• § 5056. Judgment against defendants found liable

  In an action founded on contract, express or implied, or under chapter 161 of this title, in which more persons than one are defendants, the plaintiff may have judgment against such defendants as are defaulted and against those who upon trial are found liable, notwithstanding it is found that all the defendants are not jointly liable.

• §§ 5057, 5058. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 5059. Unsatisfied judgment not bar to further action

  The recovery of judgment against one or more of several obligors or promisors on a joint or joint and several contract, without satisfaction, shall not discharge the other obligors or promisors from their liability on such contract.

• § 5060. Action for unpaid balance

  When execution on a judgment obtained against a partnership, association, or company in its firm, associate, or company name is returned unsatisfied in whole or in part, an action of contract for the amount unpaid may be brought against any or all of the partners, associates, or shareholders upon their original liability, provided that only one such action shall be brought and maintained at the same time. If the execution issued in the last named action is returned unsatisfied in whole or in part, subsequent actions may in like manner be maintained for the amount unpaid.