Russ v. Sadler
Supreme Court of Pennsylvania
Appeal, No 359, Jan. T., 1900, by defendants, from order of C. P. Cumberland Co., making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of Patrick Russ v. W. F. Sadler, W. A. Coffey, H. G. Beetem, J. L. Kaufman and J. B. Kaufman. Assumpsit by an accommodation indorser of a promissory note against prior indorsers.
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Appeal, No 359, Jan. T., 1900, by defendants, from order of C. P. Cumberland Co., making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of Patrick Russ v. W. F. Sadler, W. A. Coffey, H. G. Beetem, J. L. Kaufman and J. B. Kaufman. Assumpsit by an accommodation indorser of a promissory note against prior indorsers. Before Biddle, P. J. The note was as follows : “$5,000. Carlisle, Pa., Jan. 24, 1898. “ Thirty days after date I promise to pay to the order of W. F. Sadler, W. A. Coffey, H. G. Beetem, J. L. Kaufman, J. B. Kaufman, at the Commonwealth Guarantee,…
1Opinion of the Court
Opinion by
Mb. Justice Mestrezat,
By his promissory note of January 24, 1898, W. F. Sadler promised to pay in thirty days thereafter to the order of himself and the other defendants in this action $5,000 at the Commonwealth Guarantee, Trust & Safe Deposit Company of Harrisburg, Pa. The note was indorsed by the payees and by Patrick Russ, the plaintiff, and discounted by the Farmers’ Bank of Carlisle, Pa. It was not paid at maturity and was duly protested and notice thereof given to the drawer and indorsers. On April 24, 1899, Patrick Russ paid the Farmers’ Bank of Carlisle, the holder of the…
2Cases cited3 opinions
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