Bevan v. Eldridge
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action brought to Dec. term, 1839 ]\o. 448, by Bevan and Humphreys, against Joseph M. Eldridge, on the defendant’s endorsement of the following notes, of which plaintiff filed a copy, viz.: “ $2111. 48 Philadelphia, May 23d, 1839, Six months after date, I promise to pay to the order of Joseph M. Eldridge, twenty-one hundred and eleven dollars, 48 cents, without defalcation, for value received. Benjamin Eldridge. (Endorsed) Joseph M. Eldridge, Pr. Benj.
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THIS was an action brought to Dec. term, 1839 ]\o. 448, by Bevan and Humphreys, against Joseph M. Eldridge, on the defendant’s endorsement of the following notes, of which plaintiff filed a copy, viz.: “ $2111. 48 Philadelphia, May 23d, 1839, Six months after date, I promise to pay to the order of Joseph M. Eldridge, twenty-one hundred and eleven dollars, 48 cents, without defalcation, for value received. Benjamin Eldridge. (Endorsed) Joseph M. Eldridge, Pr. Benj. Eldridge, Attorney, Bevan & Humphreys, John McCrea.” The defendant filed an affidavit of defence, setting forth in substance, that…
1Opinion of the Court
The opinion of the court was delivered by
Stroud, J.—
The affidavit of defence presents the single question, whether an action can be commenced against the endorser of a promissory note on the last day of grace?
This question was ruled affirmatively by the Supreme Court of *355Massachusetts in Shed v. Brett, 1 Pick. 401, but it was held by the Supreme Court of New York, that under similar circumstances, an action against the maker of a promissory note was 'prematurely brought, Osborn v. Moncare, 3 Wend. 170. In the former case, the action was instituted before the endorser, by the course of the…
2Cases cited1 opinion
- Osborn v. MoncureNew York Supreme Court · 1829
3Cited by2 opinions
- Oothout v. BallardNew York Supreme Court · 1864
- Sutcliffe v. HumphreysSupreme Court of New Jersey · 1895