Butler v. Duval
Tennessee Supreme Court
This was a suit brought by Duval against Butler as endorser upon a promissory note. The note was executed by Chester and Dulany at Jackson, Tenn. payable to said Butler, who lived in Jackson, or to his order at the office of discount and deposite of the Bank of the United States at New Orleans.
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This was a suit brought by Duval against Butler as endorser upon a promissory note. The note was executed by Chester and Dulany at Jackson, Tenn. payable to said Butler, who lived in Jackson, or to his order at the office of discount and deposite of the Bank of the United States at New Orleans. Butler endorsed the note to Robert Armstrong of Nashville, and Armstrong endorsed it to the plaintiff, who resided in Germantown,'Penn.- Duval deposited the note for collection in the Germantown Bank; the latter deposited it in the Bank of the United States, by which latter Bank it was transmitted to…
1Opinion of the Court
Catson, Ch. J.
delivered the opinion of the court.
The question in this cause is, whether due diligence was used to notify Butler, the first endorser, of the nonpayment of the note by the makers.
The paper sued on was made payable at the Branch Bank of the United States at New Orleans; of course as the contract was to be there performed, the laws of that place governed it. No local legislation of Louisiana has changed the general commercial law of America and Europe; which law must determine the rights of these parties.
To see what the duties of Duval were, we must look to the contract and the…
2Cases cited2 opinions
- Colt v. NobleMassachusetts Supreme Judicial Court · 1809
- Stafford v. YatesNew York Supreme Court · 1820