Tyler v. Young
Supreme Court of Pennsylvania
Error to the Common Pleas of Wayne county. This suit came into the court below on an appeal from the judgment of a justice of the peace. It was brought by William W. Tyler against David Young, as endorser of two promissory notes, made by Aaron McIntyre, one dated 3d March 1854 for $49.55, and payable on the 1st of May next to Benjamin and William Dexter, or bearer; and the other dated 29th June 1854, for $20, payable twenty days after date, to David Young, or bearer.
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Error to the Common Pleas of Wayne county. This suit came into the court below on an appeal from the judgment of a justice of the peace. It was brought by William W. Tyler against David Young, as endorser of two promissory notes, made by Aaron McIntyre, one dated 3d March 1854 for $49.55, and payable on the 1st of May next to Benjamin and William Dexter, or bearer; and the other dated 29th June 1854, for $20, payable twenty days after date, to David Young, or bearer. In September or October 1854, the defendant below was the holder of these notes, then overdue, and endorsed them to Moses D.…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.
— Was the defendant entitled to notice of demand and non-payment ? As much so as if the notes had been endorsed before maturity. The wonder is not that the error committed in Jordan v. Hurst, 2 Jones 269, should so soon have been corrected in Patterson v. Todd, 6 Harris 433, but that it should have occurred. The endorsement of a note, due or not due, always expresses a conditional as opposed to an absolute obligation; otherwise a new note would be resorted to. The endorsement of a note over due, has been invested by the modern decisions with…
2Cases cited1 opinion
- Leidy v. TammanySupreme Court of Pennsylvania · 1840
3Cited by3 opinions
- President of the Bank of North America v. BarriereSupreme Court of Pennsylvania · 1794
- Murray v. GroverSuperior Court of Pennsylvania · 1922
- Colonial Trust Co. v. Morse, Pennsylvania Court of Common Pleas, Philadelphia County1928