Struthers v. Kendall & Son
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an amicable action of assumpsit, entered in the Common Pleas to August Term 1857, by H. R. Kendall & Son, against Thomas Struthers, on the defendant’s endorsement of a bill of exchange, or draft drawn, accepted, and endorsed in the city of New York, whereof the following is a copy:— “ $2500. New York, Feb. 23d 1854. “ Five months after date, pay Twenty-five hundred dollars, the account of to the order of Tilden & Co., value…
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Error to the Common Pleas of Erie county. This was an amicable action of assumpsit, entered in the Common Pleas to August Term 1857, by H. R. Kendall & Son, against Thomas Struthers, on the defendant’s endorsement of a bill of exchange, or draft drawn, accepted, and endorsed in the city of New York, whereof the following is a copy:— “ $2500. New York, Feb. 23d 1854. “ Five months after date, pay Twenty-five hundred dollars, the account of to the order of Tilden & Co., value received, and charge to “Edwin Hazen, «h h i=i j| “ To Jas. T. Foster, “ Ellyria, Chio. “ 78 Beaver st., New York. ” “…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
The most important question on this record, though not the first in order, is, whether the plaintiff in error, defendant below, was entitled to show that he was merely an accommodation endorser, and that the bill was passed to Whitney & Co., and by them to the present holders, defendants in error and plaintiffs below, without any present consideration being paid for it, and in fraud of the defendant. The court rejected the evidence on the ground that it was already in proof that *227Kendall & Son were bond fide purchasers of the bill, and as…
2Cases cited9 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Goodman v. SimondsSupreme Court of the United States · 1858
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Rosa v. BrothersonNew York Supreme Court · 1833
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3Cited by3 opinions
- Strickler's EstateSupreme Court of Pennsylvania · 1937
- Sunday v. DietrichSuperior Court of Pennsylvania · 1901
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