Schafer v. Farmers' & Mechanics' Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: No. 199, to January Term 1868. This was an action of assumpsit brought January 13th 1865, by The Farmers’ arid Mechanics’ Bank of Easton the holder, against Solomon Schafer, as endorser of the following note:— “ $1300 Nazareth, October 19th 1863. “ Sixty days after date I promise to pay to the order of Jacob and Joseph Schafer, at The Farmers’ and Mechanics’ Bank of Easton, Thirteen Hundred Dollars, without…
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Error to the Court of Common Pleas of Northampton county: No. 199, to January Term 1868. This was an action of assumpsit brought January 13th 1865, by The Farmers’ arid Mechanics’ Bank of Easton the holder, against Solomon Schafer, as endorser of the following note:— “ $1300 Nazareth, October 19th 1863. “ Sixty days after date I promise to pay to the order of Jacob and Joseph Schafer, at The Farmers’ and Mechanics’ Bank of Easton, Thirteen Hundred Dollars, without defalcation, for value received. “Benjamin Schafer.” “ Endorsed — Solomon Schafer, “ Jacob Schafer, Jr., “ Joseph Schafer.” The…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Sharswood, J.
In what light one who endorses a promissory note before the payee is to be regarded has long been a much vexed question in the American cases. Their name is legion. More than fifty are cited in a note to Byles on Bills 144, 5th American edition, without pretending by any means to give a catalogue of all. In some he is treated as a joint and several promissor with the maker; again, as a guarantor to the payee, and all others who may lawfully be possessed of the note, each holder having a right to fill in such undertaking…
2Cases cited4 opinions
- Herrick v. CarmanNew York Supreme Court · 1815
- Post v. AverySupreme Court of Pennsylvania · 1843
- Leech v. HillSupreme Court of Pennsylvania · 1835
- Shenk v. RobesonSupreme Court of Pennsylvania · 1858
3Cited by6 opinions
- Alldred's EstateSupreme Court of Pennsylvania · 1911
- Packard v. WoodruffSuperior Court of Pennsylvania · 1914
- Temple v. BakerSupreme Court of Pennsylvania · 1889
- Colonial Trust Co. v. MorseSuperior Court of Pennsylvania · 1929
- Reardon's EstateSupreme Court of Pennsylvania · 1932
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