Orrick v. Colston
Supreme Court of Virginia
Starbuck and forman were partners and millers in the county of Berkeley; and Ldward Colston of the same county was in the habit of endorsing- their notes for their accommodation, and also of' becoming their security where the evidence of debt was not negotiable.
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Starbuck and forman were partners and millers in the county of Berkeley; and Ldward Colston of the same county was in the habit of endorsing- their notes for their accommodation, and also of' becoming their security where the evidence of debt was not negotiable. In August 1839 he was their endorser on a note discounted at bank, and a short time previous had given his blank endorsement to the partner Starbuck, for the purpose of renewing said note. *On the 12th of August 1839 the plaintiff Orrick, who lived in the county of Morgan, about twenty-five or thirty miles from the residence of…
1Opinion of the Court
*DANIPR, J.
Upon the case agreed and submitted to the Court below, and now brought under revision here, two questions arise which have been very elaborately discussed at the bar: 1. Whether the appellee, Colston, by his endorsement, subjected himself to any liability; and 2. If so, whether he is liable in the form of contract and mode in which the appellant seeks to charge him.
It is well settled, that a blank endorsement on a negotiable instrument, blank as to date or amount at the time of the endorsement, if made for the purpose of giving a credit to the drawer, is as effectual to bind the…
2Cases cited1 opinion
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
3Cited by25 opinions
- Hopkins, Brother & Co. v. RichardsonSupreme Court of Virginia · 1852
- Lafferty v. LaffertyWest Virginia Supreme Court · 1896
- Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
- Long v. CampbellWest Virginia Supreme Court · 1893
- Powell v. CommonwealthSupreme Court of Virginia · 1854
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