Loose v. Loose
Supreme Court of Pennsylvania
Error to the Common Pleas of Lebanon county. This was an action of debt by William K. Loose against William Loose, as endorsee of two promissory notes, of which the following are copies:— $1339.40. One day after date, I promise to pay to William Loose, or order, for value received, the sum of thirteen hundred thirty-nine dollars and forty cents, without defalcation. Philadelphia, October 4th 1858. Jacob Loose. Endorsed — William Loose, Wm.
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Error to the Common Pleas of Lebanon county. This was an action of debt by William K. Loose against William Loose, as endorsee of two promissory notes, of which the following are copies:— $1339.40. One day after date, I promise to pay to William Loose, or order, for value received, the sum of thirteen hundred thirty-nine dollars and forty cents, without defalcation. Philadelphia, October 4th 1858. Jacob Loose. Endorsed — William Loose, Wm. H. Hibshman. $269.64. One day after date, I promise to pay to William Loose, or order, for value received, the sum of two hundred sixty-nine dollars and…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The first two assignments of error are wholly technical, and they are not sustained. Even without our Act of 1806, it is not entirely settled, that debt cannot be sustained against an endorser by a subsequent endorsee. Assumpsit, no doubt, is the remedy most used, as well as the better remedy; but there are not wanting' cases in which it has been held that debt may also be maintained. The Act of 1806, however, has removed whatever doubts may have existed. Under the construction given to it in *544Camp v. Bank of Owego, 10 Watts 130, it appears to…
2Cases cited5 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Breed v. HillhouseSupreme Court of Connecticut · 1829
- Pierson v. HookerNew York Supreme Court · 1808
- Trimble v. ThorneNew York Supreme Court · 1819
- Camp v. Bank of OwegoSupreme Court of Pennsylvania · 1840