Bank of United States v. John Roberts.
The plaintiff’s counsel may fill up the blank indorsement, at the trial, although the defendant indorsed the note for the accommodation of the maker.
Assumpsit against the indorser óf Elisha Janney’s promissory note.
Mr. Swann, for the plaintiff,
was about to fill up the blank indorsement, “ Pay the contents to the President, Directors and Company of the Bank of the United States, for value received.”
Mr. E. J. Lee, for the defendant,
objected that the defendant was an accommodation indorser, and never received value.
Mr. Swann and Mr.1 Caldwell, contra.
The words “ credit the drawer ” are equivalent to a check, and show that the money would have gone to the credit ofithe defendant.
[MAJORITY — The Court]
The Court
(Thruston, J., absent,)
suffered the indorsemént so to be filled up,