Williams v. Smith , 2 Hill & Den. 301 ( 1842 )

Per Curiam.

The case is within the principle which applies to an advance upon a purchase; and the testator having had no notice, Preston, though a mere accommodation endorser, could not defend on the ground of the misapplication of the note.

But inasmuch as the testator took the note as collateral security, the plaintiff could recover no .more than the $2400, the amount remaining due on the principal demand; and on this ground there must be a new trial.

New trial granted.