If the language used shows an intention to assume a liability, either joint or several in its nature, at the option of the promisee, this imports a joint and several obligation.1 Thus the use of such language as "we, or either of us,"2 "we jointly and severally promise,"3 or the use of the singular number, such as "I promise,"4 followed by the signature of two or more promisors, imports a joint and several liability. So a note containing the words "I promise to pay," signed at the bottom by A and on the back before delivery by B, was held to be a joint and several note.5 In New York, however, it has been held that a note in the form "I promise" is necessarily a several note only.6 The liability of partners is a joint and several liability.7

6 Chicago, etc., Co. v. Higgin-botham (Miss.), 29 So. 79.

7 Hall v. Thayer, 12 Met. (Mass.) 130; Davis v. Belford, 70 Mich. 120; 37 N. W. 919.

8 Davis v. Belford, 70 Mich. 120; S7 N. W. 919.

9 Davis v. Shafer, 50 Fed. 764.

10 Current v. Fulton, 10 Ind. App. 617; 38 N. E. 419; Gibbons v. Bente, 51 Minn. 499; 22 L. R. A. 80; 53 N. W. 756.

11 Gibbons v. Bente, 51 Minn. 499;

22 L. R. A. 80; 53 N. W. 756; and see to the same effect Current v. Fulton, 10 Ind. App. 617; 38 N. E. 419.

12 Cornish v. West, 82 Minn. 107; 52 L. R. A. 355; 84 N. W. 750.

1 Salomon v. Hopkins, 61 Conn. 47; 23 Atl. 716; Maiden v. Webster, 30 Ind. 317; Hemmenway v. Stone, 7 Mass. 58; 5 Am. Dec. 27.

2 Pogue v. Clark, 25 111. 333.

3 Rees v. Abbott. Cowp. 832.

4 Salomon v. Hopkins, 61 Conn.