Beebe v. West Branch Bank
Supreme Court of Pennsylvania
ERROR, to the Common Pleas of Tioga county. West Branch Bank against Hiram Beebe and C. H. L. Ford, endorsers of William Willard. This was an action of debt founded upon a note drawn by William Willard for $2000, and made payable to the defendants at the West Branch Bank, by whom it was endorsed, and discounted by the said Bank.
Read the full summary
ERROR, to the Common Pleas of Tioga county. West Branch Bank against Hiram Beebe and C. H. L. Ford, endorsers of William Willard. This was an action of debt founded upon a note drawn by William Willard for $2000, and made payable to the defendants at the West Branch Bank, by whom it was endorsed, and discounted by the said Bank. The note was duly protested for non-payment, of which the defendants had notice ; after which they served a written notice upon the Bank, requiring them to bring suit upon the note against the drawer William Willard, whom they offered to prove on the trial was then in…
1Per curiam
The rejection of the evidence was clearly right; but not for the reason given in Lenox v. Front, (3 Wheat. 520), that the judgment made the endorser and the maker equally principal debtors. The true reason is, that nothing less than prompt payment by any of the parties liable on whom it is the pleasure of the holder to call, stands with the terms of the contract, or the credit and circulation of the paper. It is a fundamental principle of the law merchant that a holder of commercial paper may sue all the parties whose names are on it, or such of them as he may select, without being delayed by…
2Cases cited1 opinion
- Lenox v. ProutSupreme Court of the United States · 1818
3Cited by6 opinions
- Enlow v. KleinSupreme Court of Pennsylvania · 1875
- Stephens v. Monongahela National BankSupreme Court of Pennsylvania · 1879
- Sitgreaves v. Farmers' & Mechanics' BankSupreme Court of Pennsylvania · 1865
- Lazaran v. SemansSuperior Court of Pennsylvania · 1922
- Maples v. HicksPhiladelphia Court of Nisi Prius · 1844
1 more not listed; retrieve them via the Exa API.