Bowling v. Harrison
Supreme Court of the United States
This case was brought up by writ of error from the Circuit Court of the United States for the Southern District of Mississippi. It. was a suit by the indorsee of a promissory pote against the indorser. Bowling, the indorsee, lived in' Maryland, and Harrison, the indorser, in Mississippi.
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This case was brought up by writ of error from the Circuit Court of the United States for the Southern District of Mississippi. It. was a suit by the indorsee of a promissory pote against the indorser. Bowling, the indorsee, lived in' Maryland, and Harrison, the indorser, in Mississippi. The note was as follows: — $ 5,800. Vicksburg, November, 26, .1836. . Two years after date, I promise to pay. to the order of W. M. Pinckard five thousand eight hundred dollars, for value received, negotiable and payable at the office Planters’ Bank, Vicksburg. (Signed,) A. G. Creath. Indorsed: — “ Pay…
1Opinion of the CourtJustice Grier
The first assignment of error in this case is to the instruc tion given by the court to the jury, — “ That, to charge an in» dorser if he lived in the toWn in which the note was made payable, the notice must be personal, unless he had agreed to receive it elsewhere, or . unless, by custom and usage of the bank at, which the note is payable, the notice of non-payment was left at the post-office.”
As the only question on the trial of the cause was the sufficiency of notice left at the post-office at Vicksburg to charge an indorser residing there, and not whether a copy left at his dwelling-house…
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