McMurtrie v. Jones
U.S. Circuit Court for the District of Pennsylvania
Action against the defendant, as endorser of a note of hand made by William Long-stretli, 20th of October. 1800, payable six months after date; and assigned by the defendant to the plaintiff, before it became due.
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Action against the defendant, as endorser of a note of hand made by William Long-stretli, 20th of October. 1800, payable six months after date; and assigned by the defendant to the plaintiff, before it became due. On the 23d of April. 1807, the note was protested for non-payment, of which, notice in due form, was left for the defendant, at Mrs. Hand’s, in Philadelphia, the reputed place of residence of the defendant, as stated in the deposition of the clerk of the notary, who left it; and who says, that this was done acccording to the usage and custom of merchants of Philadelphia. Evidence…
1Opinion of the CourtWashington, Circuit Justice
(charging jury!. There is no weight in two of the objections made to the plaintiff’s recovery. It is of no consequence, whether this note was made in consideration of goods sold to the maker by the defendant, as the agent of Bowerbank & Co., or on his own account; or whether the endorsement was made upon a consideration, in fact, passing from that house. If the defendant acted as the agent of that company, this circumstance might make that company liable, if they were the defendants: but still, the defendant is liable on his endorsement. So, in respect to the note of Isaac Jones, which was…
2Cited by4 opinions
- Goodwin v. McCoySupreme Court of Alabama · 1848
- Catlin v. JonesWisconsin Supreme Court · 1841
- Corwith v. MorrisonWisconsin Supreme Court · 1845
- Union Bank of Tennessee v. GovanMississippi Supreme Court · 1848