Marr v. Johnson
Tennessee Supreme Court
Joel C. Rice executed a note to the defendant, Johnson, payable in the United States Bank, at Nashville; which note was endorsed by Johnson and Marr, and negotiated in bank for foe accommodation of Rice. The note was not paid at its maturity, and foe drawer and endorsers were protested. Notices were put in foe post office in Nashville, in due time, a(j(jresse(j to Marr and Johnson, and directed to Clarksville.
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Joel C. Rice executed a note to the defendant, Johnson, payable in the United States Bank, at Nashville; which note was endorsed by Johnson and Marr, and negotiated in bank for foe accommodation of Rice. The note was not paid at its maturity, and foe drawer and endorsers were protested. Notices were put in foe post office in Nashville, in due time, a(j(jresse(j to Marr and Johnson, and directed to Clarksville. Marr lived in the neighborhood of Clarksville, and Johnson’s place of residence was there, though, having been elected to Congress, he was in Washington city, when the note fell due,…
1Opinion of the Court
GReen J.
delivered the opinion of the court.
The only inquiry is, whether upon this evidence, as applicable to the law of the case, a new trial ought to have been granted. It is manifest that there was no agreement between the parties, other than that which the law implies, i The evidence relied upon does not tend to prove such an agreement, but the contrary. It is true that Mr. Boyd, who seems to have been the friend or agent of Mr. Johnson, told the plain- *4^ some arrangement should be made, by which the defen-should pay half of the note. The plaintiff, however, so far from acceding to this…
2Cases cited3 opinions
- McDonald v. MagruderSupreme Court of the United States · 1830
- Braman v. HessNew York Supreme Court · 1816
- Stafford v. YatesNew York Supreme Court · 1820