Earle v. Enos

Citations

• 130 F. 467
• 1904 U.S. App. LEXIS 4819

Syllabus

<p>1. Accommodation Note — Defenses.</p> <p>The fact that a bank which discounted an accommodation note knew its character does not entitle the maker to set up the want of consideration as a defense thereto.</p> <p>2. Same — Varying by Pabol.</p> <p>A parol agreement by a bank, made at the time of the delivery of an accommodation note and its discount by the bank, that it would not look to the maker for payment, but solely to the person for whose accommodation the note was given, and that it would apply thereon collaterals belonging to such person, cannot be shown to defeat an action on the note, its effect being to vary the written contract.</p> <p>IT 1. See Bills and Notes, vol. 7, Cent. Dig. §§ 165, 964.</p>