Lenox v. Prout
Supreme Court of the United States
•Appeal from a decree of the circuit court for the1' district of Columbia. The facts of this case were as follow :• WilliamProut,. the plaintiff in the court' below, on the. 29th of July, 1812; endorsed, without, any consideration, a promissory note made by Lewis Deblbis, in his favour for 4,400 dollars payable in thirty days after date.
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•Appeal from a decree of the circuit court for the1' district of Columbia. The facts of this case were as follow :• WilliamProut,. the plaintiff in the court' below, on the. 29th of July, 1812; endorsed, without, any consideration, a promissory note made by Lewis Deblbis, in his favour for 4,400 dollars payable in thirty days after date. This- note, was discounted by the defendants,, as trustees for the late bank of the United States, for' the accommodation arid use o'f the maker, and' not being-paid, an acti.on was brought against him, and another against tlie endorser, in the name of the…
1Opinion of the CourtJustice Livingston
^ The only ground on which 'this -decree can he • ‘ , tamed is, that the countermand by Davidson ot the fieri facias which had issued on the judgment against Dehlois, absolved the .complainant from- all liability on the one which had been recovered against him on the ° . same note ; 'and this has been likened to certain cases between principals and sureties; but it does net fall within any of the rulés which it has been thought proper to adopt for the protection of the latter. Although the original undertaking of an endorser of a promissory note be contingent, and he cannot be -charged…
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