Columbia Finance & Trust Co. v. Purcell
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
HOLLAND, District Judge.
This note was dated and delivered in Kentucky, and is, as a result, a Kentucky contract. Wharton’s Conflict of Laws (3d Ed.) § 447a. The indorsement, however, of Yarnall was made in Philadelphia, and the law of Pennsylvania governs as to the necessity of showing the plaintiffs exhausted the maker’s resources before proceeding against the indorsers; also the necessity of demand and protest is to be determined by the law of the place where the note was indorsed. Wharton’s Conflict of Law (3d Ed.) §§ 452f, 452b. In Pennsylvania, an irregular indorser, even if he be regarded as a guarantor by the law of Kentucky, is entitled to notice of dishonor, especially if he has suffered damage for want thereof.
There was a conflict of evidence in this case as to the receipt of notice by Yarnall, which should have been determined by a jury, and, for that purpose, a new trial is granted to William D. Yarnall.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.