Rockfield v. First National Bank
Ohio Supreme Court
Error to the Circuit Court of Clark county. Action was brought in the common pleas of Clark'by The First National Bank of Springfield against H. L. Rockfield, L. M. Goode, E. H. Ackerson, John Snyder, Frank Patterson and The Springfield, Charleston, Washington & Chillicothe Railway Company, to recover on a .promissory note, a copy of which follows: “$10,000. Springfield, Ohio, December 12, 1904. “On demand after date we jointly and severally promise to pay The First National…
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Error to the Circuit Court of Clark county. Action was brought in the common pleas of Clark'by The First National Bank of Springfield against H. L. Rockfield, L. M. Goode, E. H. Ackerson, John Snyder, Frank Patterson and The Springfield, Charleston, Washington & Chillicothe Railway Company, to recover on a .promissory note, a copy of which follows: “$10,000. Springfield, Ohio, December 12, 1904. “On demand after date we jointly and severally promise to pay The First National Bank of Springfield, Ohio, or order, at its banking house Ten thousand dollars for value received, with six per cent,…
1Opinion of the CourtSpear, J.
Whether or not the answer avers a defense to the cause of action set up in the petition is the question here. The theory of the defendants’ pleading is that Rockfield and Snyder, by writing their names across the back of the note, became indorsers in the' commercial sense, and therefore entitled to notice of demand at maturity of the maker and of non-payment, and, failing that, no liability attached. The theory of the petition is that these defendants, having signed the note before delivery, must be held to have signed with the purpose of giving it credit and of aiding negotiability, and…
2Cases cited8 opinions
- Vander Ploeg v. Van ZuukSupreme Court of Iowa · 1907
- Toole v. CraftsMassachusetts Supreme Judicial Court · 1906
- National Bank of Commonwealth v. LawMassachusetts Supreme Judicial Court · 1879
- Thorpe v. WhiteMassachusetts Supreme Judicial Court · 1905
- A. B. Farquhar Co. v. HighamNorth Dakota Supreme Court · 1907
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