Weightman v. Caldwell

17 U.S. 53 (____)

4 Wheat. 53

WEIGHTMAN

v.

CALDWELL.

Supreme Court of United States.

This cause was argued by Jones and Key, for the plaintiff in error,[(b)] and by Caldwell and Swann, for the defendant in error.[(c)]

*JOHNSON, Justice, delivered the opinion of the court. [*86

The suit below was instituted on a promissory note by the defendant in error. Although it is, in fact, an indorsed note, and so declared on, yet it is admitted to have originated in a negotiation between the maker and indorser, and whatever defence would be good as against the promisee, is admitted to be maintainable against this…