Selden v. Neemes
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an action brought by William Neemes against George Selden, on a promissory note drawn by William P. Shattuck, dated September 10th 1861, for $200, payable in four months to the order of A. H. Rowand, Elisha Simpkins, and the defendant.
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Error to the Common Pleas of Allegheny county. This was an action brought by William Neemes against George Selden, on a promissory note drawn by William P. Shattuck, dated September 10th 1861, for $200, payable in four months to the order of A. H. Rowand, Elisha Simpkins, and the defendant. The plaintiff filed a copy of the note, with his declaration, and an afiidavit of his cause of action, which was met by the following affidavit of defence:— “ George S. Selclcn, being duly sworn, saith that he has a full and just defence to the whole of the plaintiff’s claim in this case, which consists in…
1Opinion of the Court
The opinion of the court was delivered at Pittsburgh, by
Woodward, J.
The question here is upon the sufficiency of the .affidavit of defence. It sets forth, in very concise terms, that the defendant was an accommodation endorser of the note *423in suit; that it was endorsed with a distinct understanding that it was to be paid to Elisha Simpkins for certain buffers made by him for the drawer ; that the note was given to Rowand to pay Simpkins for the buffers; “ that in pursuance of the arrangement and agreement aforesaid, said Rowand gave said note to Simpkins, who thereupon claimed to hold said…
2Cited by1 opinion
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