Stephenson v. Dickson
Supreme Court of Pennsylvania
ERROR, to the C/ommopi Pleas of Lawrence county '. Action of assumpsit by Dickson & McClymond v. Josiah Stephenson, as endorser of a note of Greorge Lilford, as follows:— New Castle, May 29, 1852. . Three months after date I promise to pay to the order of Josiah Stephenson, at the Rank of Pittsburgh, $500, without defalcation, value received. $500. George Lileord.
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ERROR, to the C/ommopi Pleas of Lawrence county '. Action of assumpsit by Dickson & McClymond v. Josiah Stephenson, as endorser of a note of Greorge Lilford, as follows:— New Castle, May 29, 1852. . Three months after date I promise to pay to the order of Josiah Stephenson, at the Rank of Pittsburgh, $500, without defalcation, value received. $500. George Lileord. The drawer negotiated the note to Dickson & McClymond, of New Castle, who endorsed the same to Williams Co., of Pittsburgh ; and on its maturity, viz., on the 1st September, 1852, at the request of the latter, it was presented for…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
All that is required to make absolute the liability of an endorser upon a promissory note is, that demand should be made upon the maker at the place fixed for payment upon the last day of grace, and that due notice should be given of non-payment to the endorser. A protest is an unnecessary act, and whether made on the day of the demand, the succeeding day, or not made at all, is wholly immaterial.
It is conceded that the demand for payment was made at the proper time and place; but it is contended, upon behalf of the defendant below and…
2Cited by1 opinion
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