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Accommodation Paper

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

Promissory notes or bills of exchange made, accepted, or endorsed without any consideration therefor. Such paper, in the hands of the party to whom it is made or for whose benefit the accommodation is given, is open to the defence of want of consideration, but when taken by third parties in the usual course of business, is governed by the same rules as other paper; 2 Kent 86; 1 M. & W. 212 33 Eng. L. & Eq. 282; Pierson v. Boyd, 2 Duer (N. Y.) 33; Farmers' & Mechanics Bank v. Rathbone, 26 Vt. 19, 58 Am. Dec 200; Yates v. Donaldson, 5 Md. 3S9, 61 Am Dec. 283; Mosser v. Criswell, 150 Pa. 409 24 Atl. 018. Where an accommodation note is purchas ed from the payee at a usurious rate, it is void as against the accommodation maker, though it was represented as business paper; Whedon v. Hogan, 8 Misc. Rep. 323, 28 N. Y. Supp. 554. An endorsement on accommodation paper may be withdrawn before it is discounted unless rights have in the meantime, for valuable consideration, attached to others; Berkeley v. Tinsley, 88 Va. 1001, 14 S. E. 842. The Neg. Instr. Acts do not change the former rules as to who may become accommodation parties.

Selover, Neg. Instr. 105. ACC0MM0DATUM.

The same as commodatum, q. v.; Anders. Law Diet, quoting Sir William Jones. The word is not found in Kent, or in Edw. Bailments. ACCOMPLICE (Lat. ad and complicare — con, with, together, plicare, to fold, to wrap, — to fold together). In Criminal Law. One who Is concerned In the commission of a crime. "One who is in some way concerned in the commission of a crime, though not as a principal."

Cross v. People, 47 111.

152, 95 Am. Dec. 474. "One of many equally concerned in a felony, the term being generally applied to therance of justice, which might otherwise be eluded."

Cross v. People, 47 III 152, 'J..

Am. Dec. 474. "One who being present aids by acts or encourages by words the principal offender In tbe commission of the offense," Is neous as:i definition; such person is a principal; Smith v. State, 13 Tex. App. 607. He must in some manner assist or participate In the criminal act, and by that connection he becomes equally involved in guilt with the other party; People v. Smith. 28 Hum (N. T.) 626; Cross v. People.

47 111. 152, 95 Am. Dee. 474.

The purchaser of li iuor sold in violation of the law is not an accomplice; State v. Teahan, 50 Conn. 92; People v. Smith, 28 Hun (N. Y.) 626; nor is a minor child who is coerced into assisting in an unlawful act; People v. Miller, 66 Cal. ^OS, 6 Pac. 99; Beal v. State. 72 Ga. 200; nor one who does not immediately disclose the fact that a homicide has been committed; Bird