Bank of the United States v. Smith
U.S. Circuit Court for the District of District of Columbia
At law. Assumpsit [by the Bank of the United States] against [Joseph Smith] the indorser of Bichard Young’s promissory-note, at sixty days, for $506.44, dated 17th May, 1817, payable to the defendant, or order, at the office of discount and deposit, at Washington.
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At law. Assumpsit [by the Bank of the United States] against [Joseph Smith] the indorser of Bichard Young’s promissory-note, at sixty days, for $506.44, dated 17th May, 1817, payable to the defendant, or order, at the office of discount and deposit, at Washington. At the trial, in November term, 1820, when it appeared, iri evidence, that the demand of payment was made by the notary at the store of the maker, and no evidence of any demand at the office of discount and deposit, at the same term, moved the court to strike out the non-suit and reinstate the cause, and cited the following…
1Opinion of the Court
THE COURT, (MORSELL, Circuit Judge, contra,)
considering the question as very important, and that the cause could not be brought before the supreme court, upon a non-suit, reinstated the cause, without prejudice to the question intended to be argued upon the sufficiency of the demand to charge the indorser.
The cause came on for trial again at May term, 1821, when the defendant demurred to the evidence, and the plaintiffs joined in demurrer.
At November term, 1821, the demurrer was argued by Mr. Swann and Mr. Hewitt for the defendant, and Mr. Lear, for the plaintiffs.
Mr. Lear cited, in addition…
2Cases cited4 opinions
- President of the Berkshire Bank v. JonesMassachusetts Supreme Judicial Court · 1810
- Woodbridge v. BrighamMassachusetts Supreme Judicial Court · 1815
- Reedy v. SeixasNew York Supreme Court · 1801
- Bank of the United States v. NorwoodU.S. Circuit Court for the District of Maryland · 1803
3Cited by1 opinion
- Moore v. PettyCourt of Appeals for the Eighth Circuit · 1905