ROBERTSON v. Vogle
Supreme Court of the United States
In this action, the plaintiffs declared, as indorsees, upon a promissory note, against the defendant, as indorser, both the parties residing in the city of Philadelphia.
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In this action, the plaintiffs declared, as indorsees, upon a promissory note, against the defendant, as indorser, both the parties residing in the city of Philadelphia. It appeared on the trial, that the note was drawn on the 10th April 1786, and that it was protested for non-payment on the 12th June 1786 ; but on the 5th of July, and on the 23d of August following, the plaintiffs received several partial payments from the maker, without attempting to give notice of the protest to the indorser, until after the last of those payments, when the maker had become greatly embarrassed in his…
1Opinion of the Court
Shippjen, President,
delivered the opinion of the court to the following effect.—
This is a motion for a nonsuit, upon two grounds : first, that the plaintiff, by an acceptance of part of the money from the maker of the note in question, has discharged the indorser; and secondly, that he is also discharged, because due notice of the non-payment of the note was not given to him. It is to be observed, that with regard to discharging the parties to bills of exchange, the law makes a material difference ; for some of them can only be discharged by an express, but others may be discharged by an…
2Cases cited4 opinions
- Stuckert v. AndersonSupreme Court of Pennsylvania · 1838
- The BANK OF NORTH-AMERICA v. PettitSupreme Court of the United States · 1793
- Jones v. WardellSupreme Court of Pennsylvania · 1843
- Warder v. BellSupreme Court of Pennsylvania · 1795
3Cited by6 opinions
- United States v. TerryDistrict Court, N.D. California · 1889
- Hooks v. YorkIndiana Supreme Court · 1853
- Gurly v. Gettysburg BankSupreme Court of Pennsylvania · 1821
- Commonwealth v. WarfieldSupreme Court of Pennsylvania · 1967
- Commonwealth v. WarfieldSupreme Court of Pennsylvania · 1967
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