Lloyd v. Barr
Supreme Court of Pennsylvania
Ekror to the Common Pleas of Blair. May 28. This was an action on the case, in which John Barr was the plaintiff, and Gilbert L. Lloyd was the defendant below.
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Ekror to the Common Pleas of Blair. May 28. This was an action on the case, in which John Barr was the plaintiff, and Gilbert L. Lloyd was the defendant below. The declaration set forth that on the Tth April, 1841, one John Dearmit gave his note to Lloyd, whereby he promised, sixty days after date to pay to Lloyd or order at a certain bank a certain sum of money — that Lloyd endorsed the note, and was followed as endorsee by Kemp & Cunningham, and lastly by John Barr: that the note being so endorsed, was the same day discounted by the said bank, and the proceeds applied to the uses of…
1Opinion of the Court
The opinion of this court was delivered by
Bell, J.
As subsequent endorsers of a promissory note are but the sureties of those who precede them in the same character, though the note be drawn and endorsed for the accommodation of the maker: Young v. Ball, 9 W. 139; Mullon v. French, id., 76; one of the former, who pays a judgment recovered in an action on the note, is entitled to be subrogated to the place of the plaintiff, and thus to have the benefit of the judgment to the extent of the liability of the first endorsers: Burns v. The Huntingdon Bank, 1 P. R. 395; Crofts v. Moore, 9 W. 451. And…
2Cases cited7 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Rittenhouse v. LeveringSupreme Court of Pennsylvania · 1843
- Paul v. WitmanSupreme Court of Pennsylvania · 1842
- Darlington v. GraySupreme Court of Pennsylvania · 1840
- Day v. SharpSupreme Court of Pennsylvania · 1839
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3Cited by6 opinions
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- Lit Brothers v. GoodmanSuperior Court of Pennsylvania · 1940
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- Barbara E. Kimmel, Administratrix of the Estate of Frank C. Kimmel, Deceased v. Yankee Lines, a CorporationCourt of Appeals for the Third Circuit · 1955
- Maryland Casualty Co. v. ScheurmanMichigan Supreme Court · 1917
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