Lindenberger v. Beall

• Court: U.S. Supreme Court
• Citation: Lindenberger v. Beall, 19 U.S. 104, 5 L.Ed. 216, 6 Wheat. 104 (1821)
• Decision Date: 01 February 1821
• Parties: LINDENBERGER et al. v. BEALL

19 U.S. 104

5 L.Ed. 216

6 Wheat. 104

LINDENBERGER et al. v. BEALL.

February Term, 1821

February 7, 1821

ERROR to the Circuit Court for the District of Columbia.

Assumpsit against the defendant, (Beall,) as endorser of a promissory note, drawn by one Tunis Craven, dated at Baltimore, October 22d, 1811, in favour of the defendant, and by him endorsed to the plaintiffs, for 191 dollars 17 cents, negotiable at the bank of Washington, payable six months after date. At the trial the note was given in evidence, and the handwriting of the drawer and endorser admitted. The plaintiffs farther proved, by a notary, that the note was, by him, demanded of the drawer, on Saturday the 25th of April, 1812, being the day on which it became payable, that is, the last day of grace. And not being paid, notice of the non-payment thereof was enclosed in a letter addressed to the defendant, at the city of Washington, and put into the post-office at Georgetown. The notary testified, that he had no recollection of these facts and only knew them from his notarial book, and the protest made out at the time; by which it appeared, that a demand was then made of the drawer, and the protest made, and notice sent; and from its being his invariable practice to give notice either personally, or by letter, to the endorsers on the same day. Nor did he then recollect that he addressed the letter to the defendant in Washington, but he presumed from his book, and protest, and his uniform practice, that if he did not know where the...