Colquhoun v. Pack

Proceeding Against Joint Debtor—Evidence—Joint Obligation.—In a proceeding under section 989 of the Code of Civil Procedure, which provides that when a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, those who were not originally served with summons and did not appear in the action may be summoned to show cause why they should not be bound by the judgment, evidence that the defendant thus summoned was associated with the defendant against whom judgment was obtained in the ownership of certain placer claims, and that the latter bought supplies from the plaintiffs for the purpose of developing such claims, and that the former never at any time repudiated liability for such supplies, but on the other hand endeavored to raise money to pay for the same, sufficiently shows a joint indebtedness, in. view of the presumption created by section 1431 of the Civil Code that an obligation imposed upon several persons is joint.

Id.—Agency—Undisclosed Principal.—The fact that a principal's connection in a transaction is not disclosed will not relieve him from obligation thereon, where such obligation was created for and on behalf of himself and the person acting as his agent.

Id.—Action for Goods Sold—Joint Indebtedness — Evidence — Declarations of Defendant to Associate—Previous Proof of Agency not Esquired.—In an action for goods sold, it is not error to permit one jointly liable with the defendant to testify as to conversations had with the defendant concerning the transaction without first showing the existence between them of the relationship of principal and agent.