Lindenberger v. Beall
Supreme Court of the United States
Error to the Circuit Court for the District of Columbia. Assumpsit against the defendant, (Beall,) as endorser of a promissory note, drawn by one Tunis-Craven, dated at Baltimore, October 22d, 1811, in favour of the defendant, and by him endorsed to the plaintiffs, for 191 dollars 17 cents, negotiable at the hank of Washington, payable six months after date. At the trial the note was given in evidence, and the handwriting of the drawer and endorser admitted.
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Error to the Circuit Court for the District of Columbia. Assumpsit against the defendant, (Beall,) as endorser of a promissory note, drawn by one Tunis-Craven, dated at Baltimore, October 22d, 1811, in favour of the defendant, and by him endorsed to the plaintiffs, for 191 dollars 17 cents, negotiable at the hank of Washington, payable six months after date. At the trial the note was given in evidence, and the handwriting of the drawer and endorser admitted. The plaintiffs farther proved, by a notary, that the note was, by him, demanded of the drawer, on Saturday the 25th of April, 1812,…
1Opinion of the Court
The Court were unanimously of opinion, that after , demand of the maker on the third day of grace, notice to the endorser on. the same day was sufficient, by the general law merchant; and that evi-. dence of the letter containing notice having been put into the post-office, directed to the defendant, at his place of residence, was sufficient proof of the notice to be left to the jury, and that it was unnecessary to give, notice to the defendant to produce the letter before such evidence could be admitted.
Judgment reversed.
2Cited by17 opinions
- Brewster v. ArnoldWisconsin Supreme Court · 1853
- Globe Printing Co. v. StahlMissouri Court of Appeals · 1886
- Nelson v. GrondahlNorth Dakota Supreme Court · 1904
- Carter v. BurleySuperior Court of New Hampshire · 1838
- Dickins v. BealSupreme Court of the United States · 1836
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