Packard v. Woodruff
Superior Court of Pennsylvania
Appeal, No. 32, March T., 1914, by defendant, from order of C. P. Lackawanna Co., dismissing exceptions to report of referee in case of Nathan J.. Packard and Moses Packard, copartners, trading as Packard & Co., v. C. S. Woodruff. Assumpsit by holder against indorser of a promissory note. The case was referred to W. M. Bunnell, Esq., as referee.
Read the full summary
Appeal, No. 32, March T., 1914, by defendant, from order of C. P. Lackawanna Co., dismissing exceptions to report of referee in case of Nathan J.. Packard and Moses Packard, copartners, trading as Packard & Co., v. C. S. Woodruff. Assumpsit by holder against indorser of a promissory note. The case was referred to W. M. Bunnell, Esq., as referee. The note in suit was as follows: “$345.00 November 2d, 1908. “Ninety days after date I promise to pay to the order of N. B. Levy & Brother, Three Hundred and Forty-Five Dollars at Union Savings & Trust Co'., Pittston, Pa. Value received. A. D. Quick,…
1Opinion of the Court
Opinion by
Kephart, J.,
Does the use of the words “without recourse to us” by an indorser on a promissory note affect the negotiability of the instrument? Is such an indorsement restrictive or qualified? Are subsequent holders affected with notice or is its use sufficient to put them on inquiry as to any defense between prior indorsers or parties? Does the knowledge of a qualified indorser that a prior indorsement without qualification had been procured through fraud affect the right of his indorsee, who was a holder in due course, to proceed against the indorser without qualification? These…
2Cases cited5 opinions
- M'Doal v. YeomansSupreme Court of Pennsylvania · 1839
- Bisbing v. GrahamSupreme Court of Pennsylvania · 1850
- Schafer v. Farmers' & Mechanics' BankSupreme Court of Pennsylvania · 1869
- Craft v. FlemingSupreme Court of Pennsylvania · 1863
- Epler v. FunkSupreme Court of Pennsylvania · 1848
3Cited by6 opinions
- McLean v. PaddockNew Mexico Supreme Court · 1967
- NJ Mtge. and Inv. Corp. v. CalvettiNew Jersey Superior Court Appellate Division · 1961
- Eastern Acceptance Corp. v. KavlickNew Jersey Superior Court Appellate Division · 1950
- Commercial Banking Corp. v. Rooney, Pennsylvania Court of Common Pleas, Schuylkill County1941
- Marinoff v. Belmont Burlap Bag Co.Superior Court of Pennsylvania · 1941
1 more not listed; retrieve them via the Exa API.