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eBook details

• Title: John Sigerson, Plaintiff in Error v. Edward Mathews
• Author : United States Supreme Court
• Release Date : January 01, 1857
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

First. The note in question was not an accommodation note, made for the defendant. The evidence shows that there could be no pretence that the note in question was made for the accommodation of the defendant; but that it was, in fact, a regular business note, taken by defendant on the sale of real estate, without security. And that when, at a subsequent day, the property was re-deeded, and the remainder of the notes given up, the defendant credited this particular note on another debt (account) due him from James Sigerson, the maker. When it was given, and when it was transferred, the defendant must have confidently expected that it would be paid by the maker. When he took back the property, and credited the note to the maker, he clearly relied upon its being paid by the maker, or he would not have given him credit for it until he had actually taken it up, or he have been discharged from it as endorser.

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