Legal Opinion · Dissent

House v. Vinton National Bank

Ohio Supreme Court

Decided January 15, 1885Published

Error to the Court of Common Pleas of Gallia county. Reserved by the District Court of Gallia county. On March 26, 1881, Reuben Aleshire became accommodation indorser for James A. Simmons & Co. to the Yinton County National Bank on a note of $1,500, payable to his own order four months after date at the banking house of the indorsee. The indorsement was in. blank.

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Error to the Court of Common Pleas of Gallia county. Reserved by the District Court of Gallia county. On March 26, 1881, Reuben Aleshire became accommodation indorser for James A. Simmons & Co. to the Yinton County National Bank on a note of $1,500, payable to his own order four months after date at the banking house of the indorsee. The indorsement was in. blank. Before the maturity of the note, Reuben Aleshire assigned to George House all his property for the benefit of his creditors, under the laws of the state of Ohio. At the maturity of the note the bank duly presented the note for…

1DissentJohnson, J.

This action below was a special statutory proceeding under section 6352 of the Revised Statutes, which provides a method of proving rejected claims against an insolvent’s estate. "While the maker of the note and Aleshire, as indorser, were parties, they were only nominally so. No relief was sought or taken against either. The judgment was not for money, even against the assignee, but was that the assignee “ allow said claim on the settlement of his trust.” The case does not involve the personal liability of Aleshire.

The sole question, therefore, is: When the accommodation indorser of a note…

2Cases cited3 opinions

  1. Fassin v. . HubbardNew York Court of Appeals · 1874
  2. Bank of Auburn v. PutnamNew York Court of Appeals · 1867
  3. Ex parte Tremont Nat. BankDistrict Court, D. Massachusetts · 1875

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