Shaeffer v. Clendenin
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: Of July Term 1882, No. 18. Assumpsit, by William Shaeffer against James Clendenin, both indorsers of a certain promissory note, to recover one-half the proceeds of a judgment assigned to the defendant by the maker of said note and his wife, in right of the wife.
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Error to the Court of Common Pleas of Cumberland county: Of July Term 1882, No. 18. Assumpsit, by William Shaeffer against James Clendenin, both indorsers of a certain promissory note, to recover one-half the proceeds of a judgment assigned to the defendant by the maker of said note and his wife, in right of the wife. On the trial, before Herman, P. J., the following facts appeared : Shaeffer and Clendenin were accommodation indorsers of a promissory note for $1,010.78, drawn bjr Ephraim Cornman, and discounted at the Farmers’ Bank, March 21st 1876. The note was subsequently reduced by…
1Opinion of the CourtJustice Sterrett
The parties to this suit were accommodation indorsers of a note made by Ephraim Cornman for $1,010.78. After it had been reduced by him to $524.30, they contributed equally to the *567payment of that balance and lifted the note. About the time it was indorsed, Mrs. Cornman, wife of the maker, united with her husband in assigning to the defendant Clendenin $1,200 of a judgment which she then held against her husband. There was a conflict of testimony as to whether the assignment was intended to indemnify .both sureties or only the one to whom it was made. Cornman and his wife both testified it was…
2Cases cited1 opinion
- Agnew v. BellSupreme Court of Pennsylvania · 1835
3Cited by1 opinion
- Ely v. EdwardsSuperior Court of Pennsylvania · 1933