(DOWNLOAD) "Lenox Et Al. v. Prout" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Lenox Et Al. v. Prout
- Author : United States Supreme Court
- Release Date : January 09, 1818
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
March 6th. Mr. Key, for the appellants, argued, that this being a negotiable instrument, the liability of the plaintiff below, after notice of non-payment by the maker, was no longer conditional, and depending on the default of the maker; so that the holders of the note could proceed against him alone, without taking any steps against the maker. That, therefore, they were not bound to issue the fieri facias against Deblois, on the application of the plaintiff. That having issued it, they had a right to countermand it, provided they did not place the plaintiff in a worse situation than he was in before it was issued. That the fi. fa. was not countermanded with any view to injure the plaintiff, but because the agent had ascertained that the trustees of the bank were not bound to issue the fi. fa. in the first instance, and that it was neither right nor safe for the bank to give thereby a preference to the plaintiff over other endorsers of Deblois. And that the plaintiff was not placed in a worse situation by countermanding the fi. fa.; but had it in his power, under the act of assembly of Maryland of 1763, ch. 23. to tender the amount of the note to the agent of the bank, and obtain an assignment of the judgment, by which he might have secured himself, by levying on the property still in the possession of Deblois.
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