The suit last brought should be consolidated with the first suit, costs being regulated at the trial term. Benton need not wait until Noyes has established his right to recover. The holders of the notes may have separate judgments, and at the same or different terms. If Noyes recovers a separate judgment, the rights of the parties can be as well adjusted as if there were but one judgment for Benton and Noyes.

Exceptions overruled.

STANLEY, J., did not sit: the others concurred.