Falk v. Moebs
127 U.S. 597 (1888)

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U.S. Supreme Court

Falk v. Moebs, 127 U.S. 597 (1888)

Falk v. Moebs

No. 243

Argued April 20, 1888

Decided May 14, 1888

127 U.S. 597

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF MICHIGAN

Syllabus

A promissory note which reads:

"Four months after date, we promise to pay to the order of George Moebs, Sec. & Treas., ten hundred sixty-one & 24/100 dollars at Merchants' & Manufacturers' National Bank, value received,"

signed "Peninsular Cigar Co., Geo. Moebs, Sec. & Treas.," and endorsed "Geo. Moebs, Sec. & Treas.," is a note drawn by, payable to, and endorsed by the corporation, and without ambiguity in the endorsement, and evidence is not admissible to show that it was the intention of the endorser in making the endorsement to bind himself personally.

The Court stated the case as follows:

The plaintiffs in error, Gustav Falk and Arnold Falk, who are citizens of the State of New York, brought suit in the Circuit Court of the United States for the Eastern District of Michigan against the defendant in error, George Moebs, upon nine certain promissory notes made by the Peninsular Cigar Company of Detroit upon which they sought to charge Moebs personally as endorser. All of the notes were in form like the following, differing only as to amounts a

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