Page's Administrators v. Bank of Alexandria
Supreme Court of the United States
Error to the Circuit Court of the District of Columbia, for the county of Alexandria. This was an action of assumpsit', brought by the defendants in error, the Bank of Alexandria, against the plaintiffs in error, the administrators of William Byrd Page, deceased. The declaration contained two counts.
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Error to the Circuit Court of the District of Columbia, for the county of Alexandria. This was an action of assumpsit', brought by the defendants in error, the Bank of Alexandria, against the plaintiffs in error, the administrators of William Byrd Page, deceased. The declaration contained two counts. The first was on a promissory note, which was set forth, as made by William Hodgson, and payable on demand to the intestate, Page, who endorsed it to the Bank of Alexandria, where it was discounted, and the money paid to Hodgson. In support of this count, a note was given in evidence, drawn by…
1Opinion of the CourtJustice Livingston
Whether due diligence were used by the holder of . the note, is immaterial now to inquire, as this Court is of the opinion, that a note payable any number of days after date, could not be applied to a count describing it as one payable on demand.
The only remaining question is, whether this note were sufficient proof of the count for money lent and advanced, and for money had and received. There are certainly cases in which a promissory note or an endorsement of such note, may be offered in evidence, against the maker or endorser, under a count of this nature, and if unconnected with other…
2Cases cited3 opinions
- French's v. Bank of ColumbiaSupreme Court of the United States · 1807
- Yeaton v. Bank of AlexandriaSupreme Court of the United States · 1809
- Mandeville v. Joseph Riddle & Co.Supreme Court of the United States · 1803
3Cited by23 opinions
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Santos Angel Sosa, Jr., and Rolando Sosa v. United StatesCourt of Appeals for the Fifth Circuit · 1977
- Hopkins v. OrrSupreme Court of the United States · 1888
- Merchants' & Mechanics' Bank of Wheeling v. EvansWest Virginia Supreme Court · 1876
- Moses v. Lawrence County BankSupreme Court of the United States · 1893
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