Eilbert v. Finkbeiner
Supreme Court of Pennsylvania
March 21st 1871. Before Thompson, C. J., Bead, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Northampton county: No. 405 to January Terrqi 1871. This was an action of assumpsit commenced, November 4th 1868, by Gottlieb Eilbert against Michael Finkbeiner on the following note:— “$100. “Philadelphia, July 19th 1867. “ Six months after date I promise to pay to the order of Gottlieb Eilbert one hundred dollars, value received, with…
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March 21st 1871. Before Thompson, C. J., Bead, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Northampton county: No. 405 to January Terrqi 1871. This was an action of assumpsit commenced, November 4th 1868, by Gottlieb Eilbert against Michael Finkbeiner on the following note:— “$100. “Philadelphia, July 19th 1867. “ Six months after date I promise to pay to the order of Gottlieb Eilbert one hundred dollars, value received, with eight per cent, interest. Henry Finkbeiner, No. 1340 Girard Ave. Phila. Pa.” (Endorsed) Michael Finkbeiner. The plaintiff…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
Nobody ever doubted that when a man puts his name on the back of negotiable paper before the payee has endorsed it, he means to pledge, in some shape, his responsibility for the payment of it: Kyner v. Shower, 1 Harris 446. This court finally settled that in the absence of legal evidence of any different contract, he assumes the position of a second endorser; and that to render his engagement binding as to any holder of the note the implied condition that the payee shall endorse'before him must be complied with so as to give him recourse…
2Cases cited1 opinion
- Leech v. HillSupreme Court of Pennsylvania · 1835
3Cited by9 opinions
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- Kleman v. Anheuser-Busch Brewing Ass'nCourt of Appeals for the Third Circuit · 1916
- Temple v. BakerSupreme Court of Pennsylvania · 1889
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