Hagerthy v. Phillips
Supreme Judicial Court of Maine
On motion and exceptions. This was an action of assumpsit in which the plaintiff recovered a verdict for the amount due him from the defendant as a joint accommodation indorser of a note which the plaintiff had paid. It appeared that the note, thus paid by the plaintiff, was a renewal by the same parties of another note of the same amount. The defendant objected to the admission of the first note in evidence, and all evidence relating to it, as immaterial.
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On motion and exceptions. This was an action of assumpsit in which the plaintiff recovered a verdict for the amount due him from the defendant as a joint accommodation indorser of a note which the plaintiff had paid. It appeared that the note, thus paid by the plaintiff, was a renewal by the same parties of another note of the same amount. The defendant objected to the admission of the first note in evidence, and all evidence relating to it, as immaterial. The court admitted it as showing the terms of indorsement, and permitted the plaintiff to introduce the second note and show what was done…
1Opinion of the CourtPeters, C. J.
The plaintiff having paid a note on which he was an indorser with two others, sues the defendant, another indorser, for contribution, claiming that the three indorsers, as between themselves, were, by parol understanding amounting to agreement, joint indorsers holden alike. The note, running from the firm of Mason & Cushman, to the order of II. B. Mason, a member of the firm, stood indorsed in blank, in the following order of names: H. B. Mason, A. Gf. Hagorthy, George A. Phillips, H. B. Phillips (defendant).
By the reading of the note all previous indorsers would be liable to the defendant…
2Cited by6 opinions
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- Egbert v. HansonNew York Supreme Court · 1901
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