Legal Opinion

Gochenauer v. Good

Supreme Court of Pennsylvania

Decided November 15, 1831Published

IN ERROR. Error to the District Court of Lancaster county. The action was assumpsit, by Abraham Gochenauer, - against John Good, who had been a joint endorser with him of a note of one Nicholas Marks discounted by the Farmer’s Bank of Lancaster, and which, in consequence of the insolvency of Marks, they had been compelled to pay, each paying the half.

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IN ERROR. Error to the District Court of Lancaster county. The action was assumpsit, by Abraham Gochenauer, - against John Good, who had been a joint endorser with him of a note of one Nicholas Marks discounted by the Farmer’s Bank of Lancaster, and which, in consequence of the insolvency of Marks, they had been compelled to pay, each paying the half. The action was brought by the plaintiff, to recover from the defendant the money which he had paid; and on account of an indemnity which Marks had given the defendant, and out of which he had received, as the plaintiff alleged, the full amount…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, .1.

The plaintiff in error, who was also the plaintiff below, and the defendant had been the joint endorsers of an accommodation note in the Farmer’s Bank of Lancaster, for Nicholas Marks. This note was protested for non-payment, Nicholas Marks, as drawer, and the plaintiff and defendant as indorsers of the note, were all sued by the bank, and a judgment obtained against them for five hundred and eighty dollars, with interest thereon, from the 17th of October, 1820, beside the costs of suit, which was paid equally by the plaintiff and…

2Cases cited3 opinions

  1. Ridgway v. Farmers' Bank of Bucks CountySupreme Court of Pennsylvania · 1825
  2. Philadelphia Bank v. OfficerSupreme Court of Pennsylvania · 1824
  3. Bell v. KeelySupreme Court of Pennsylvania · 1797

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