Cate v. Patterson

Christiancy, Ch. J.

Defendant in errror brought his action in the court below against plaintiff in error as endorser of the certificate of deposit of which the following is a copy:

“No. 6416. D. L. Latourette, successor of the First National Bank of Fenton, Michigan.

“Fenton, July 18,1871.

“ H. C. Riggs, Esq., has deposited iu this bank five hundred and fifty dollars, payable to the order of Rufus Cate, with interest if left three months, on the return of this certificate.

“D. L. Latourette, Cashier.”

This certificate was indorsed by Cate, to whose order it *193was payable. The declaration was upon the…