Munson v. Cheesborough
Indiana Supreme Court
ERROR to the Jefferson Circuit Court. The declaration in this suit states, that the note and indorsements described in it were executed at Cincinnati in tbe State of Ohio; that the indorsements were made before tbe note became due; and that the note was payable at the Commercial Bank in Cincinnati. It also sets out the statute of Ohio which governed the ease, and which is similar to the law-merchant.
1Opinion of the CourtSuilivaN, J.
Debt by Cheesborough and Weaver, indor-sees, against Munson, on a promissory note negotiable and payable at the Commercial Bank in Cincinnati. The note was made by Munson payable to I. F. Lowry, by Lowry indorsed to G. L. Murdock, and by Murdock to the plaintiffs. The defendant pleaded three pleas. On the first and third there was a trial, and verdict fo.r the plaintiffs.
The second plea avers in substance, that at the time of the execution of the note, Munson was in no wise indebted to Lowry, the payee of the note; that it was given by Munson to Lowry as an accommodation note to be discounted…
2Cases cited2 opinions
- Rumsey v. LeekNew York Supreme Court · 1830
- President of the Farmers & Mechanics' Bank v. RossIndiana Supreme Court · 1824
3Cited by1 opinion
- Varnum v. BellamyU.S. Circuit Court for the District of Indiana · 1846