Bank of the Metropolis, Plaintiff In Error v. William Jones
Decision Date | 01 January 1834 |
Parties | BANK OF THE METROPOLIS, PLAINTIFF IN ERROR v. WILLIAM JONES |
Court | U.S. Supreme Court |
IN error to the circuit court of the United States for the county of Washington, in the district of Columbia.
This was an action on a promissory note, drawn by Betty H. Blake, executrix of J. H. Blake, for the sum of five thousand two hundred dollars, on the 27th of March 1822—in favour of the defendant, and by him indorsed to plaintiffs. The defendant pleaded non-assumpsit, and the statute of limitation.
On the trial of the cause before the circuit court, the following bill of exceptions was signed.
'Be it remembered, that on the trial of the above cause, the plaintiff, in order to sustain the issue, gave in evidence the following promissory note, on which the action was brought:
'Washington City, March 27, 1822. $5,200. Sixty days after date, I promise to pay to Dr William Jones, or order, five thousand two hundred dollars, for value received, negotiable at the Bank of the Metropolis.
'BETTY H. BLAKE,
'Executrix of J. H. Blake.
'16th May 1825. I do hereby admit that a part of the above note is due, and that I am bound to pay whatever balance thereof is due, as far as I was originally bound as indorser.
'WILLIAM JONES.'
Indorsed—'WILLIAM JONES.'
'And the defendant admitted the indorsement thereon, as well as the memorandum on the face thereof, to be in his hand writing; and the plaintiff further proved that said note was regularly protested for non-payment, and notice thereof duly given to the defendant, and the defendant waived before the jury the defence upon the statute of limitation.
The evidence of Mrs Blake was the following:
The counsel for the plaintiff moved the court to instruct the jury, that this evidence was incompetent upon the trial of the issue; but the court overruled the motion; and instructed the jury that the evidence was competent and proper evidence for their consideration on the trial.
To this overruling exception was taken, and the plaintiffs prosecuted this writ of error.
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