The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
§ 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 Repealed. 1971, No. 185 (Adj.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.