Prentice v. Zane's Administrator.
Supreme Court of the United States
This case was brought up by writ of error from the District Court of the United States for the Western District of Virginia. In 1836, Platoff Zane, a citizen of Virginia, being in Pennsylvania, executed the following promissory note: — “ $ 5,437-1-0%. Philadelphia, November 28th, 1836. Five years after date, I promise to pay to the order of James H. Johnson, five thousand four hundred and thirty-seven dollars, without defalcation, for value received. Platoff Zane.”
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This case was brought up by writ of error from the District Court of the United States for the Western District of Virginia. In 1836, Platoff Zane, a citizen of Virginia, being in Pennsylvania, executed the following promissory note: — “ $ 5,437-1-0%. Philadelphia, November 28th, 1836. Five years after date, I promise to pay to the order of James H. Johnson, five thousand four hundred and thirty-seven dollars, without defalcation, for value received. Platoff Zane.” On some day afterwards (the record did not show when), this note was indorsed in blank by Johnson, the payee, and delivered to…
1Opinion of the CourtJustice Grier
The plaintiffs in error were plaintiffs below. They declared *484on a 'promissory note given- by defendant tó -James. H. Johnson, .or order, for the sum of $ 5,437.59, payable five years áfter date. The note waS indorsed'by the payee and delivered to John-'Stivers, -who delivered it to the plaintiffs. The defendant pleaded non assumpsit-, and'a jury being called, found a special verdict, setting forth the note, and finding that it was made by the defendant and delivered by him to the payee, but that “ the con-' ■ sideration’ was fraudulent oh the' part of the payee ”; that the. note was indorsed…
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