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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895. Excerpt: ... error. The errors assigned upon the charge have been sufficiently discussed in what we have said on the main points of the cause. The judgment is reversed, and a venire facias de novo is awarded. Tiedeman,? 415; Bigelow, 162,168; Gilbert v. Henck, 6 Casey, 205; Johnston v. Chapman, 3 Pen. & W. 18 Brown v. Brooks, 25 Pa. St. 212; Rudy v. Wolf, 16 S. & R. 81 Kirkpatrick v. White, 5 Casey, 176; Reigart v. White, 52 Pa. St. 438; Isett v. Hoge, 2 Watts, 128; Hungerford v. O'Brien, 37 Minn. 306; Osborne v. Thompson, 36 Minn. 528. Contemporaneous--Subsequent. The guaranty being contemporaneous with the original obligation, is supported by the consideration supporting the original contract; but if made subsequently a new consideration is required. Moses v. Lawrence County Bank. Supreme Court of the United States, 1893. 149 U. S. 298. This was an action, brought April 16,1888, by a national bank, organized under the Acts of Congress, and doing business in and a citizen of Pennsylvania, against six persons, citizens of Alabama and residing in the Middle District of Alabama, to recover the amount due on a guaranty of a promissory note. The complaint alleged that, on August 15,1887, the Sheffield Furnace Company, an Alabama corporation, made a promissory note for $12,111.51, payable to its own order four months after dale at the banking house of Moses Brothers, in Montgomery; that contemporaneously with the making of the note, and before its delivery or negotiation, and in order to give it credit and currency, its payment at maturity was guaranteed by the defendants, for a valuable consideration, by an indorsement in writing on the note in these words: "We hereby guarantee the payment of the note at maturity," signed by the defendants, and which was intended by the...

    Illustrative Cases in Commercial Paper; With Analysis and Citations

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