Legal Opinion

Ross v. Espy

Supreme Court of Pennsylvania

Decided November 9, 1870PublishedCited by 2 opinions

Error to the District Court of Allegheny county: No. 172, of October and November Term 1869. This was a feigned issue in which Joseph Ross was plaintiff, and William Espy was defendant, directed at January term 1866 under the following circumstances :— On the 12th of April 1861, John Smithley drew a note for his own accommodation for $400, payable to the plaintiff at four months; the note was endorsed by the plaintiff and then by the defendant.

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Error to the District Court of Allegheny county: No. 172, of October and November Term 1869. This was a feigned issue in which Joseph Ross was plaintiff, and William Espy was defendant, directed at January term 1866 under the following circumstances :— On the 12th of April 1861, John Smithley drew a note for his own accommodation for $400, payable to the plaintiff at four months; the note was endorsed by the plaintiff and then by the defendant. It was discounted at a Pittsburg bank, was unpaid at maturity and protested; the bank recovered separate judgments for the amount of the note against…

1Opinion of the Court

The opinion of the court was delivered, January 3d 1871, by

Agnew, J.

— A note was drawn by Smithley to order of Ross, and by him endorsed; then endorsed by Espy, and discounted at the Iron City Bank. Payment failing, the bank got separate judgments against the endorsers Ross and Espy. Espy paid the bank, and claimed the right to control the judgment against Ross. Ross alleged an agreement at the time the note was drawn and endorsed (all the parties being together) that he and Espy should endorse for the accommodation of Smithley, and in the event of his failure to pay, that he and Espy should…

2Cited by2 opinions

  1. Horner v. Horner, Pennsylvania Court of Common Pleas, Adams County1892
  2. Medallion Distributing Corp. v. Bair, Pennsylvania Court of Common Pleas, Lancaster County1926

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