McCoy & Culbertson v. President of Bank of United States
Ohio Supreme Court
This is a bill of review, reserved in the county of Ross, on the last circuit. The original bill states that Matthew Waddle, on March 9, 1819, made a promissory note, payable, sixty days after dato, to John Waddle or order, at the office of the Bank of the-United States in Chillieothe, for one thousand dollars, which was indorsed by John Waddle and the firm of McCoy & Culberston, and discounted by the bank for Matthew Waddle.
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This is a bill of review, reserved in the county of Ross, on the last circuit. The original bill states that Matthew Waddle, on March 9, 1819, made a promissory note, payable, sixty days after dato, to John Waddle or order, at the office of the Bank of the-United States in Chillieothe, for one thousand dollars, which was indorsed by John Waddle and the firm of McCoy & Culberston, and discounted by the bank for Matthew Waddle. That when the note became due, notice, but not legal, was given to the indorsers. That at December term, 1820, of the Supreme Court for Ross county, the bank recovered a…
1Opinion of the CourtCollet, J.
It is urged for the complainants that the court of law, at the trial of the action against the indorsers, on the authority of the case of Bond v. Freeman, 5 Mass. 170, determined that where the maker of a note transferred all his property to the indorsers for their indemnity, or a. sufficiency for that purpose, they could not object to a recovery against them by the holder of the note that they had not notice of non-payment by the maker, for the notice *504was to enable the indorser to secure himself, if ho could, from the maker, and that when *he had before secured himself, notice could be of no…
2Cases cited1 opinion
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
3Cited by1 opinion
- Lessee of Morgan v. BurnetOhio Supreme Court · 1849