Kramer v. Sandford
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. Henry Sandford and others against Allen Kramer. This was an action on the case in assumpsit, founded upon the defendant’s endorsement of a negotiable note. No notice had been given to the defendant of the non-payment of the note; but the plaintiffs insisted that notice was waived by the endorser’s taking a judgment bond and the proceedings upon it.
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ERROR to the District Court of Allegheny county. Henry Sandford and others against Allen Kramer. This was an action on the case in assumpsit, founded upon the defendant’s endorsement of a negotiable note. No notice had been given to the defendant of the non-payment of the note; but the plaintiffs insisted that notice was waived by the endorser’s taking a judgment bond and the proceedings upon it. The plaintiffs, after reading the note and endorsement, dated 4th of November 1840, for $169.75, at six months, gave in evidence a judgment bond of the drawers of the note to the defendant, dated…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— An endorser is entitled to notice wherever it is necessary to protect him; for he is not presumed to have waived it to his detriment. It is useless to him, where he has taken a v general assignment of the maker’s effects, and thus obtained, beforehand, all the advantage that his own or the endorsee’s vigi*329lance could give him; and it has accordingly been held that he assumes the maker’s debt when he receives his means to pay it. The chance of the maker’s acquirement of other property, to which he might resort if the fund in his hands…
2Cases cited2 opinions
- Mechanics' Bank of N. Y. v. GriswoldNew York Supreme Court · 1831
- Prentiss v. DanielsonSupreme Court of Connecticut · 1823
3Cited by6 opinions
- Andrews v. AndrewsSupreme Court of Alabama · 1856
- Alldred's EstateSupreme Court of Pennsylvania · 1911
- Groth v. GygerSupreme Court of Pennsylvania · 1858
- Schley v. MerrittCourt of Appeals of Maryland · 1873
- Wilson v. SenierWisconsin Supreme Court · 1861
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