In re Bradley
District Court, E.D. Wisconsin
In bankruptcy. The firm of H. G. Bradley & Go., composed of Henry G. Bradley, Henry A. Williams and Charles Campbell, were adjudicated bankrupts in this court on their own petition. One of the debts proven against the firm, and also against Charles Campbell, was a note for ¡pl.^o, signed in the firm name, payable thirty days after date to C. Campbell or order, at the National Exchange Bank of Milwaukee, and indorsed to the bank by Campbell.
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In bankruptcy. The firm of H. G. Bradley & Go., composed of Henry G. Bradley, Henry A. Williams and Charles Campbell, were adjudicated bankrupts in this court on their own petition. One of the debts proven against the firm, and also against Charles Campbell, was a note for ¡pl.^o, signed in the firm name, payable thirty days after date to C. Campbell or order, at the National Exchange Bank of Milwaukee, and indorsed to the bank by Campbell. The note, not being paid at maturity, was protested. The debt was proved by the bank both as a debt of the firm and of Charles Campbell. Objection was…
1Opinion of the Court
MILLER, District Judge.
It is apparent that the note is a debt of the firm, and that the indorsement created a personal liability of Campbell, and that such was the understanding of the parties when the note was discounted by the bank. The indorsement of Campbell was accepted in lieu of collaterals. The protest and notice bound Campbell as an in-dorser. The rule in England excluded the double proof of a debt, as claimed in this case, but not with the approbation of the courts of the realm. In several cases the rule was enforced while the judges in their opinions doubted its soundness or…
2Cited by3 opinions
- Anderson v. Stayton State BankOregon Supreme Court · 1916
- Winslow v. WallaceIndiana Supreme Court · 1888
- Hawkins v. MahoneySupreme Court of Minnesota · 1898