French's v. Bank of Columbia
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, sitting at Washington. This was an action of assumpsit upon the promissory note of W. M. Duncanson, payable to George French, or order, and by him indorsed to the plaintiffs, for $1400, at sixty days, dated October 10th, 1798, and due December 9th-12th.
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Error to the Circuit Court of the district of Columbia, sitting at Washington. This was an action of assumpsit upon the promissory note of W. M. Duncanson, payable to George French, or order, and by him indorsed to the plaintiffs, for $1400, at sixty days, dated October 10th, 1798, and due December 9th-12th. On the trial at law in the court below, the plaintiff in error took a bill of exceptions which stated the following ’“facts : That the banking-house of the plaintiffs was situated in Georgetown, in the district of Columbia, at the time the note became payable; in which town the…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the ■court. — The material question in this case is, whether a person who indorses a promissory note for the accommodation of the maker, be discharged from the responsibility which the indorsement creates, by the failure of the holder to demand payment of the maker, in the usual time, and to give notice to the indorser that the note is not paid.
That by the general rule of law, the omission to demand payment from the maker, when the note becomes payable, and to give notice to the indorser that payment has been refused, discharges the indorser, is…
2Cases cited3 opinions
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- Robinson v. AmesNew York Supreme Court · 1822
3Cited by30 opinions
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- Brown v. MottNew York Supreme Court · 1811
- Page's Administrators v. Bank of AlexandriaSupreme Court of the United States · 1822
- Phipps v. HardingCourt of Appeals for the Seventh Circuit · 1895
- Bowen v. Needles Nat. BankU.S. Circuit Court for the District of Southern California · 1898
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