Artizans' Bank v. Backus

Davies, Ch.

The defendant is sued as indoyser of a promissory note, made by one J. R. Gilmore, payable át plaintiff’s bank. The plaintiff had discounted a note for the same amount as the note in suit, made by the same parties, and which fell due November 7,1857, and was protested for nonpayment on that day. The president of the plaintiff applied to Gilmore, the maker, to take it up by a new note, and within six days thereafter, Gilmore went to the store of the defendant, and drew the note in suit, payable ninety days after date, to the order of the defendant, who then indorsed the same. When…