Williams v. Bank of the United States
Supreme Court of the United States
THIS was a writ of error to the circuit court of Ohio; in which'court, the bank of the United States has instituted a joint action, under the authority of the act of assembly of the state of Ohio, passed 18th February 1820, entitled “'an act to regulate judicial proceedings where banks and bankers are parties, &c.; and by the provisions of which, the plaintiff may make the drawer and indorsers of a note or bill of exchange, joint defendants in the same action.
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THIS was a writ of error to the circuit court of Ohio; in which'court, the bank of the United States has instituted a joint action, under the authority of the act of assembly of the state of Ohio, passed 18th February 1820, entitled “'an act to regulate judicial proceedings where banks and bankers are parties, &c.; and by the provisions of which, the plaintiff may make the drawer and indorsers of a note or bill of exchange, joint defendants in the same action. Thus the suit was against the defendant and two others; and the declaration contained a common count for money lent against all the…
1Opinion of the Court
Mr íustipe Washington
delivered the opinion of the Court.. This was an action of assumpsit, brought in the circuit cpurt of Ohio bv the president,-directors, and company of the Bank of the United States, against J. Embree the maker, arid D. Embree and M; T. Williams, the indorsers of two several promissory nótes. The only count in the declaration is for money lenfcand advanced by the plaintiffs to the defendants.
Upon'the plea of the general issue, the case, at the trial, was, by consent of the parties, submitted to the court; and the above.notes were given in evidence by the plaintiffs, in…
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