Craft v. Fleming
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit, by James S. Craft against Joseph Fleming, to recover the amount of a promissory note, drawn by William O. Leslie, and endorsed by the defendant, of which the following is a copy, viz.:— “ $300. “ Pittsburgh, October 18th 1861. • “ Four months after date, I promise to pay to the order of Joseph Fleming, $300, at Farmers’ and Mechanics’ Bank, Philadelphia, without defalcation, value received.
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Error to the District Court of Allegheny county. This was an action of assumpsit, by James S. Craft against Joseph Fleming, to recover the amount of a promissory note, drawn by William O. Leslie, and endorsed by the defendant, of which the following is a copy, viz.:— “ $300. “ Pittsburgh, October 18th 1861. • “ Four months after date, I promise to pay to the order of Joseph Fleming, $300, at Farmers’ and Mechanics’ Bank, Philadelphia, without defalcation, value received. (Signed) “ W. O. Leslie.” Endorsed: “ Joseph Fleming, without recourse ■ to me, Joseph Fleming.” The note thus drawn and…
1Opinion of the Court
*144The opinion of the court was delivered, November 5th 1868, by
Thompson, J.
The learned judge of the court below was of opinion that the endorsement by Fleming was qualified; that is to say, to be read, “ James Fleming, without recourse to me, James Fleming.” The first name was a signature, the second was an effort (tautological) to make it very'clear who it was that was not to be responsible. This was the opinion of the court below, and the learned judge’s reasoning to his conclusion is so clear, that we affirm the judgment on his opinion upon the reserved point.
Judgment affirmed.
2Cited by2 opinions
- Packard v. WoodruffSuperior Court of Pennsylvania · 1914
- Universal C. I. T. Credit Corp. v. Green, Pennsylvania Court of Common Pleas, Cumberland County1958