Bowen v. Newell

By the Court.

Campbell, J.

—A motion is made by the defendant, Newell, to set aside a report of a referee, to whom all the issues were referred. The only point argued before us, arose out of the question, whether the defendant, Newell, was liable, as endorser, upon the instrument, of which the following is a copy:

This instrument was presented for payment, at the Thompson Bank, in Connecticut, by the drawee, on the 12th of .October, 1849, and payment was refused, the drawers not having funds, and on the same day, notice of such dishonor was given to the endorser. It was contended, by the…