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Garon v. Becker

Decided: April 17, 1937.

RICHARD D. GARON, PLAINTIFF-APPELLANT,
v.
JAMES G. BECKER, H. J. WAGNER, THEODORE J. BOZARTH, DALLAS R. JOBES AND W. H. BRYANT, DEFENDANTS-APPELLEES



On appeal from the Burlington County Court of Common Pleas.

For the appellant, Herbert S. Killie (Howard G. Stackhouse, of counsel).

For the appellees, Powell & Parker.

Before Brogan, Chief Justice, and Justices Case and Perskie.

Perskie

The opinion of the court was delivered by

PERSKIE, J. In what capacity did the defendants sign the note? Did they sign as makers or endorsers?

Appellant, plaintiff below, instituted suit against the appellees, defendants below, James G. Becker, H. J. Wagner, Theodore J. Bozarth, Dallas R. Jobes and W. H. Bryant, upon a promissory note in the sum of $1,000 signed by all of the named defendants on the back of the note; no signature appears on the usual lower right-hand corner thereof, or on any other part of the face of the note. The note reads as follows:

"$1000.00

Mount Holly, N.J. Feby. 24th, 1931

Three months after date we promise to pay to the order of Richard D. Garon at THE UNION NATIONAL BANK AND TRUST COMPANY AT MOUNT HOLLY

One Thousand & 00/100 Dollars without defalcation ...


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