Shaffstall v. McDaniel
Supreme Court of Pennsylvania
Appeal, No. 231, Oct. T., 1891, by defendant, John H. McDaniel, from judgment of C. P. Venango Co., on verdict for plaintiff, W. P. Shaffstall. Assumpsit on agreement of suretyship. On the trial before Taylor, P. J., it appeared that defendant had indorsed a judgment note under seal of which he was the payee and over his indorsement was written, it did not clearly appear by whose direction, the following: “ I guarantee the within note’s payment.”
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Appeal, No. 231, Oct. T., 1891, by defendant, John H. McDaniel, from judgment of C. P. Venango Co., on verdict for plaintiff, W. P. Shaffstall. Assumpsit on agreement of suretyship. On the trial before Taylor, P. J., it appeared that defendant had indorsed a judgment note under seal of which he was the payee and over his indorsement was written, it did not clearly appear by whose direction, the following: “ I guarantee the within note’s payment.” The other facts appear in the opinion of the Supreme Court. Defendant’s points were, among others, as follows: “ 1. That under the law and the…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
It is well settled that the payee of a non-negotiable instrument does not become an indorser by writing his name on the *601back of such instrument. Such act standing by itself imposes no liability on him whose name is so written: Leech v. Hill, 4 Watts, 448. But proof may be made to show the actual agreement of the parties under which the indorsement of the payee’s name was made. If the agreement was that the payee should become responsible for the payment of the note by the maker either as surety or as guarantor, such agreement may be enforced if made upon a…
2Cases cited7 opinions
- Campbell v. BakerSupreme Court of Pennsylvania · 1864
- Brubaker v. OkesonSupreme Court of Pennsylvania · 1860
- Leech v. HillSupreme Court of Pennsylvania · 1835
- Hagey v. HillSupreme Court of Pennsylvania · 1874
- Boschert v. BrownSupreme Court of Pennsylvania · 1872
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