Schmelzle v. Transportation Investment Corp.

This is an appeal from a summary judgment entered by the circuit court of Stephenson county ordering defendant, Transportation Investment Corporation, the maker of a check, to pay to plaintiff, Robert J. Schmelzle, the accommodation endorser for the payee, the sum of $13,500, the face amount of the instrument.

The primary inquiry is whether an accommodation endorser for the payee of a check, can recover from the maker the face amount of the check,, which the endorser was called upon to pay the bank upon the maker’s refusal to honor the instrument, notwithstanding an alleged failure of…