Toothaker v. Cornwall

— On the eighth day of November, 1850, one Barton Lee executed and delivered to the defendant his promissory note, whereby he promised to pay to the order of the defendant the sum of five thousand dollars, on the first day of July following, with interest at the rate *148of one per cent per month. The note was by the defendant endorsed and delivered to the plaintiff, who is still the owner and holder thereof, and no payment has ever been made thereon. Upon the third day of July, 1851, the plaintiff gave the defendant notice of his inability to find the maker, and of the non-payment of the note;…