Cozens v. Middleton
Supreme Court of Pennsylvania
ERROR TO THE COURT OP COMMON PLEAS OP MONTGOMERY COUNTY. No. 424 January Term 1887, Sup. Ct.; court below, No. 190 October Term 1884, C. P. On July 30, 1884, suit, was brought by Edward H. Middleton, against A. Ervin Cozens, upon the following note : $1,000. Jenkintown, Pa., April 22,1884. Three months after date I promise to pay to the order of A. Ervin Cozens, One Thousand Dollars, at the Jenkintown National Bank, Pa., without defalcation, value received.
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ERROR TO THE COURT OP COMMON PLEAS OP MONTGOMERY COUNTY. No. 424 January Term 1887, Sup. Ct.; court below, No. 190 October Term 1884, C. P. On July 30, 1884, suit, was brought by Edward H. Middleton, against A. Ervin Cozens, upon the following note : $1,000. Jenkintown, Pa., April 22,1884. Three months after date I promise to pay to the order of A. Ervin Cozens, One Thousand Dollars, at the Jenkintown National Bank, Pa., without defalcation, value received. Credit the drawer, A. Ervin Cozens. T. Lloyd Fulmer. [Indorsed by A. Ervin Cozens.] At the trial on November 24, 1886, under the plea of…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
The note in suit after being indorsed by the payee, defendant below, was returned to the maker, who afterwards and before maturity transferred it to the plaintiff below for an antecedent debt, but whether in payment thereof or merely as collateral security was a disputed question.
In taking the note directly from the maker with the words “credit the drawer” written on the lower left corner, and signed by the payee, plaintiff below is presumed to have known it was an accommodation indorsement, and therefore without consideration as between the maker and payee; but…
2Cases cited3 opinions
- Lord v. Ocean BankSupreme Court of Pennsylvania · 1853
- Carpenter v. National Bank of the RepublicSupreme Court of Pennsylvania · 1884
- Appleton v. DonaldsonSupreme Court of Pennsylvania · 1846
3Cited by1 opinion
- Philler v. PattersonSupreme Court of Pennsylvania · 1895