Legal Opinion
Patton v. Wilmot
General Court of Virginia
Decided April 15, 1804PublishedCited by 2 opinions
Assumpsit by the indorsee against the indorsor of a promissory note. cited 2 T. 11. 217. Esp. JY. P. 57. cited Esp. JV*. P. 54. l T. R. 67. Kyd. on Bills, 119.
1Opinion of the Court
Chase, Ch. J.
There has not been due diligence used to recover the money from the drawer of the note, and it is the province of the court to determine whether or not dup diligence has been used. The jury therefore must find their verdict for the defendant, unless it appears to them that the defendant has subsequently promised to pay the amount of the note to the indorsee,
Yesdict eos the Defendant.
2Cited by2 opinions
- Staylor v. BallCourt of Appeals of Maryland · 1866
- Ewalt v. HardingCourt of Appeals of Maryland · 1860