Joint contracts as joint and several

16-101. Joint contracts as joint and several. All contracts which by the common law are joint only, shall be construed to be joint and several. History: G.S. 1868, ch. 21, § 1; October 31; R.S. 1923, 16-101. Law Review and Bar Journal References: Rights of creditors in partnership assets, Darlene G. Anderson, 3 J.B.A.K. 283, 285 (1935). "Selecting the Appropriate Business Unit," Wayne L. Townsend, 4 K.L.R. 487, 493, 503 (1956). "Kansas and the Uniform Partnership Act," Phil H. Lewis, 37 J.B.A.K. 297, 329 (1968). CASE ANNOTATIONS 1. Joint note several as well as joint under statute. Points v. Jacobia, 12 Kan. 50, 55. 2. Obligation of principal and surety joint and several under statute. Swerdsfeger v. The State, 21 Kan. 475, 477. 3. Joint contracts construed to be joint and several. Mullen v. Mullock, 22 Kan. 598, 601. 4. Joint obligation; section applied. Mullen v. Mullock, 22 Kan. 598, 601; Fullam & Co. v. Abrahams, 29 Kan. 727; Williams v. Muthersbaugh, 29 Kan. 733; Dunn v. Jaffray, 36 Kan. 408, 411, 13 P. 781; Head v. Daniels, 38 Kan. 1, 8, 15 P. 911. 5. Section cited in upholding judgment against individual in action against partnership. Smith v. Straub, 41 Kan. 7, 10, 20 P. 516. 6. Judgment against two or more defendants, joint and several. Richardson v. Painter, 80 Kan. 574, 575, 102 P. 1099. 7. Recognizance, like contract, signed by several parties, joint and several. The State v. Price, 88 Kan. 724, 727, 129 P. 940. 8. Contract with separate owners; judgment by one not res judicata. Martin v. City of Chanute, 96 Kan. 433, 436, 152 P. 20. 9. Fraudulent contract; release of one joint debtor, right against other. City of Topeka v. Brooks, 99 Kan. 643, 648, 164 P. 285. 10. Joint obligation must be shown before statute applies. Grocery Co. v. Scheetz, 99 Kan. 772, 773, 163 P. 168. 11. Cited; part owner of royalty interest may sue to cancel oil lease. Thiessen v. Weber, 128 Kan. 556, 563, 278 P. 770. 12. Contract set out was not joint; section not applicable. Allen v. Elwell, 129 Kan. 296, 298, 282 P. 706. 13. Joint surety bond; section applied; settlement with one not prejudicial to others. Sparks v. Nech, 138 Kan. 343, 345, 26 P.2d 586. 14. Discussed; all persons severally liable not included in petition; petition not demurrable. Erne v. Broiles, 173 Kan. 882, 886, 252 P.2d 612. 15. Cited; all taxpayers not released because of detachment of territory. Williams v. Holt, 180 Kan. 308, 310, 303 P.2d 208. 16. Insurance contract not ambiguous. Strowig Properties, Inc. v. American States Ins. Co., 32 Kan. App. 2d 7, 80 P.3d 72 (2003). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026