Breneman v. Furniss
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1879, No. 28. Assumpsit by Thomas Furniss against Henry N. Breneman, on the following check: “Lancaster, Pa., June 21st 1875. Farmers’ National Bank of Lancaster, pay to H. N. Breneman, or order, one thousand dollars. $1000. ' H. S. Kendig.- Endorsed: II.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1879, No. 28. Assumpsit by Thomas Furniss against Henry N. Breneman, on the following check: “Lancaster, Pa., June 21st 1875. Farmers’ National Bank of Lancaster, pay to H. N. Breneman, or order, one thousand dollars. $1000. ' H. S. Kendig.- Endorsed: II. N. Breneman.” . Payments at different times were also endorsed, amounting in the aggregate to $832.33. Defendant pleaded non assumpsit,' payment with leave. At the trial before Patterson, J., the defendant made the following offer of testimony : To prove that at the time…
1Opinion of the CourtJustice Sterrett
The defendant in the court below contended that he permitted the use of his name as payee and endorsed the check in suit, at the request of and as a matter of accommodation to the plaintiff, not only without consideration, but upon the express promise and agreement that he should incur no liability by reason of his endorsement. It Avas competent, as between the immediate parties to the transaction, to prove these allegations. 'An attempt on the part of the plaintiff to enforce payment of the check under these circumstances was making such an improper use of it as would justify proof of the…
2Cited by4 opinions
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- Commonwealth v. WillsteinSuperior Court of Pennsylvania · 1941
- Hess v. GowerSuperior Court of Pennsylvania · 1939
- Roland v. EckmanSuperior Court of Pennsylvania · 1899