Case No. 7,049.

INNES v. CARPENTER.

[4 N. B. R. 412 (Quarto, 139).]¹

District Court, S. D. New York.

Dec. 8, 1870.

NEGOTIABLE INSTRUMENTS—ACCOMMODATION INDORSEMENT.

An accommodation indorsement on a note does not make it commercial paper as to the accommodation indorser.

[Cited in Re Carter, Case No. 2,470; Re Clemens, Id. 2,877.]

This is a proceeding instituted by the petitioning creditor to recover from Jeremiah Carpenter the amount of a note made by Samuel Hanna, and indorsed by Jeremiah Carpenter, and delivered by said Hanna to Edward S. Innes for merchandise sold by said Innes to said Hanna.

BLATCHFORD, District Judge. As the note appears to have been indorsed by said Carpenter for the accommodation of Hanna, and was taken by the petitioners for wool sold to Hanna, I do not think it is commercial paper of Carpenter's as a merchant and manufacturer, within the act [of 1867 (14 Stat. 517)].

¹ [Reprinted by permission.]

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