Kirschner v. Conklin
Supreme Court of Connecticut
Assumpsit by a second endorser against a prior endorser of a promissory note ; brought to the City Court of the city of New Haven, and tried on the general issue closed to the court, with notice of the defence hereinafter stated, before Stoddard, J. The following facts were found by the court: The note in question is dated April 8th, 1872, and is for $150 payable in three months at the New Haven County Bank.
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Assumpsit by a second endorser against a prior endorser of a promissory note ; brought to the City Court of the city of New Haven, and tried on the general issue closed to the court, with notice of the defence hereinafter stated, before Stoddard, J. The following facts were found by the court: The note in question is dated April 8th, 1872, and is for $150 payable in three months at the New Haven County Bank. It was made by John Rathgeber, and endorsed first by Conklin, the defendant, who was an accommodation endorser, and then endorsed by the plaintiff, who was also an accommodation endorser.…
1Opinion of the CourtPark, J.
In the case of Church v. Barlow, 9 Pick., 547, the court held that the relative rights and duties of parties who indorsed a promissory note for the accommodation of the maker are the same as in the case of a business note, so that the notice of the dishonor of such accommodation note having been given, a subsequent endorser who. takes up the note may recover of a prior indorser the whole amount paid, and not merely a contribution as in the case of sureties. The doctrine of this case is fully sustained by the following authorities: Shaw v. Knox, 98 Mass., 214; M'Donald v. Magruder, 3 Peters,…
2Cases cited4 opinions
- Brown v. MottNew York Supreme Court · 1811
- McDonald v. MagruderSupreme Court of the United States · 1830
- Shaw v. KnoxMassachusetts Supreme Judicial Court · 1867
- Talcott v. CogswellConnecticut Superior Court · 1807
3Cited by5 opinions
- Jaronko v. CzerwinskiSupreme Court of Connecticut · 1933
- Preston v. GouldSupreme Court of Iowa · 1884
- Coolidge v. WigginSupreme Judicial Court of Maine · 1873
- Davis v. SolomonSupreme Court of Connecticut · 1924
- Gillespie v. CampbellU.S. Circuit Court for the Northern District of Illnois · 1889