Davis v. Brown
Supreme Court of the United States
Error to the Circuit Court of the United States for the Northern District of Illinois. This action was against the defendants, as second indorsers of certain promissory notes, transferred by them to the Ocean National Bank of the cifcy of New York. The bank having failed, the notes came into the possession of the plaintiff, as its receiver. The facts are sufficiently stated in the opinion of the court. The defendants obtained judgment, and the plaintiff brought the case here.
1Opinion of the Court
Mu. Justice Field
delivered the opinion of the court.
This was an action against the defendants, as second indorsers upon ten promissory notes of one McOmber, made at Saratoga Springs, in ■ the State of New York, in June,-1870, each for §500, and payable to his order in from thirty-two to forty-one months after date.
The defence set up to defeat the action was that the notes in. suit were transferred in June, 1871, with other notes of the same party of like amount and date, to the Ocean National Bank by the defendants, in part satisfaction of a note of their own then past due, the balance being…
2Cases cited1 opinion
- Fox v. WhitneyMassachusetts Supreme Judicial Court · 1819
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