Whitaker v. Morrison
Supreme Court of Florida
Appeal from Leon Superior Court. The facts are fully stated in the opinion of the Court. 1st. That the maker of the note having become endorser subsequent to appellant, extinguished the liability of all prior endorsers, and cited: — Bayley on Bills, page 153. Chitty on Bills;, pages 248 —265. Blake vs. Sewal, 3 Mass. 556. Long vs. Bank of Cyn-thiana, l.Litt. 290. 2d.
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Appeal from Leon Superior Court. The facts are fully stated in the opinion of the Court. 1st. That the maker of the note having become endorser subsequent to appellant, extinguished the liability of all prior endorsers, and cited: — Bayley on Bills, page 153. Chitty on Bills;, pages 248 —265. Blake vs. Sewal, 3 Mass. 556. Long vs. Bank of Cyn-thiana, l.Litt. 290. 2d. That sufficient notice of non-paymént was not given by holder to defendant, to fix his liability as endorser ; and that it is incumbent on the holder to prove by distinct, positive and precise evidence, that due notice of…
1Opinion of the Court
Hawkins, Justice:
Assumpsit by the appellee, Morrison, as the endorse^ of the following promissory note, against the appellant, .Whitaker, as an endorser thereof:— •
“ No. — Tallahassee, August 18 th, 1837.
“ Sixty days after date,-1 promise \ to pay .to. the. order of Thomas “ Brown, at the Central Bank of Florida, Thirty-five hundred Dol-
“ lars and-cents, value received.
• “WILLIAM MANER,
“ $3500 .* ‘ Per L. P. Tayloe.
(Endorsed,) '
“ Thomas Beown,
“ Richaed Whitakee,
“ William Manee, per
“L. P. Tayloe.
8
*30“May 10th, 1843 — Rec’d irom R. Whitaker on acc. $1406 51- “ 100 dolls. H. L. R. May, 10, 1838.…
2Cases cited2 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Van Hoesen v. Van AlstyneNew York Supreme Court · 1829
3Cited by7 opinions
- Kauffman v. LoganSupreme Court of Iowa · 1919
- Hughes v. Pacific Wharf & Storage Co.California Supreme Court · 1922
- Greeley v. WhiteheadSupreme Court of Florida · 1895
- Rosson v. CarrollTennessee Supreme Court · 1891
- Marks v. BooneSupreme Court of Florida · 1888
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