Packard v. Woodruff

Citations

• 57 Pa. Super. 176
• 1914 Pa. Super. LEXIS 173

Syllabus

<p>Promissory notes — Indorsement—1 Without recourse” — Negotiability —Act of May 16,1901, P. L. 194-</p> <p>1. The words “without recourse” following the name of an indorser on a promissory note do not constitute the indorsement a restrictive indorsement, and do not affect the negotiable quality of the paper; and such words do not put a subsequent innocent purchaser for value upon notice and inquiry.</p> <p>2. If a person indorses a promissory note before the payee indorses it, and does so in such a way that the payee may write after his indorsement the words “without recourse,” and the note subsequently comes into the hands of an innocent purchaser for value without notice, both indorser and purchaser are innocent parties, but as the indorser made it possible for a wrong to be perpetrated, it is he who should suffer.</p> <p>Arbitration — Referee’s findings of fact — Review—Appeals—Paper-books — Failure to print evidence.</p> <p>3. The appellate court will not review a referee’s findings of fact, where the appellant has failed to print in his paper-book the evidence that was submitted to the referee.</p>