Iwanaga

This is an appeal from a judgment by default, the defendants declining to answer after order overruling their demurrer to the complaint.

From that pleading it appears that the plaintiffs had obtained a judgment against Albert D. Hagopian for work and labor performed, and that subsequently, in attempting to satisfy such judgment in proceedings supplementary to execution, they learned for the first time that J as. D. and Baxter D. Hagopian were copartners of Albert in the enterprise upon which the plaintiffs’ labor had been performed. It also appears from the complaint that the said judgment is still unsatisfied, and in this action judgment is prayed as against the copartnership and Jas. D. and Baxter D. Hagopian.

Generally and at common law a partnership obligation is joint, and not joint and several. Accordingly a judgment against less than all the partners upon such a liability extinguishes the original claim against all, for the joint obligation has been merged in the judgment, and the obligation being joint, the individual partners have not undertaken to be severally liable. (1 Freeman on Judgments, sec. 231; Wood v. Watkinson, 17 Conn. 500 , [ 44 Am. Dec. 562 ] ; 30 Cyc.…