Levi v. Earl
Ohio Supreme Court
Appeal. Reserved in the District Court of Hamilton, county. The plaintiff averred in his petition, among other facts:. First. That he is the holder of a note executed by one E. Earl, to the order of A. K. MeMurrey; that said note is indorsed by A. K. MeMurrey, by Frederick Straehle, and-by Rosine Straehle. Second. That said note was duly presented for payment; duly protested; notice duly given to said Rosine Straehle of its non-payment on the same evening. Third.
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Appeal. Reserved in the District Court of Hamilton, county. The plaintiff averred in his petition, among other facts:. First. That he is the holder of a note executed by one E. Earl, to the order of A. K. MeMurrey; that said note is indorsed by A. K. MeMurrey, by Frederick Straehle, and-by Rosine Straehle. Second. That said note was duly presented for payment; duly protested; notice duly given to said Rosine Straehle of its non-payment on the same evening. Third. That the said Rosine Straehle is the wife of Frederick Straehle, a prior indorser, and also one of the defendants. Fourth. That the…
1Opinion of the CourtJohnson, J.
The demurrer to the answer and the special, findings of the court involve the same questions, and will be considered together.
The facts show that the wife was not an original party to the note, but was simply an accommodation indorser, either for her husband or with him, to enable him to dispose of it to the plaintiff. She entered into no contract or - engagement, either with plaintiff" or her husband, concerning her liability tq pay.the note, other than ai'ises out of the single act of writing her name under that of her husband, knowing that the plaintiff had promised to purchase-it if she…
2Cases cited9 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Yale v. . DedererNew York Court of Appeals · 1860
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
- Corn Exchange Insurance v. BabcockNew York Court of Appeals · 1870
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1817
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