Young v. Bryan
Supreme Court of the United States
Error to the Circuit Court of Ténnessee. This was an action of assumpsit, brought in the Court below, by the defendants in error, citizens of Pennsylvania, against the plaintiff in error, a citizen of Tennessee, as the endorser of a promissory note drawn by another citizen of Tennessee, and endorsed to the plaintiffs.
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Error to the Circuit Court of Ténnessee. This was an action of assumpsit, brought in the Court below, by the defendants in error, citizens of Pennsylvania, against the plaintiff in error, a citizen of Tennessee, as the endorser of a promissory note drawn by another citizen of Tennessee, and endorsed to the plaintiffs. The only questions in the cause were, (1.) Whether the Court below had jurisdiction ; and, (2.) whether notice of protest was necessary to charge the endorser in this case. Judgment having been rendered against the defendant below, the cause was brought by writ of error to this…
1Opinion of the CourtChief Justice Marshall
In such a case, the endorser does not claim through an assignment. It is a new con tract entered into by the endorser and endorsee, upon which the suit is brought; and if the endorsee is a citizen of a different State, he may bring an action against the endorser in the Circuit Court. As to the other objection insisted upon by the plaintiff in error, all that was incumbent upon the holder, was to give due notice to the endorser. No protest of a promissory note or inland bill of exchange is necessary.
Judgment affirmed.
2Cited by26 opinions
- Mollan v. TorranceSupreme Court of the United States · 1824
- Parker v. OrmsbySupreme Court of the United States · 1891
- Evans v. GeeSupreme Court of the United States · 1837
- Phillips v. PrestonSupreme Court of the United States · 1846
- Coddington v. DavisNew York Supreme Court · 1846
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