Mandeville v. the Union Bank of Georgetown

• Decision Date: 08 February 1815
• Citation: 13 U.S. 9,9 Cranch 9,3 L.Ed. 639
• Parties: MANDEVILLE v. THE UNION BANK OF GEORGETOWN
• Court: U.S. Supreme Court

13 U.S. 9

9 Cranch 9

3 L.Ed. 639

MANDEVILLE v. THE UNION BANK OF GEORGETOWN.

Feb. 8, 1815

Absent. LIVINGSTON, J. TODD, J. and STORY, J.

ERROR to the Circuit Court for the district of Columbia, for

the county of Alexandria, in an action of debt, by the Union Bank against Mandeville, upon his promissory note to C. I. Nourse, indorsed to the bank.

On the trial below a special verdict was found which states the following facts:

On the 15th of January, 1811, Mandeville, then and always an inhabitant of the town of Alexandia, (in the county of Alexandria) for a valuable consideration made his promissory note at the said town, payable to C. I. Nourse (or order,) sixty days after date; negotiable at the Union Bank of Georgetown; payable at the Bank of Potomac, in Alexandria, for 410 51.

The note was delivered to C. I. Nourse, and on the same day indorsed by him, and offered for discount at the Union Bank, where it was regularly discounted for his use.

On the 30th of the same month, Mandeville being informed that his note had been discounted, made no objection, and said that he had funds to meet it.

The note was not paid when it became due, and was protested for non-payment.

On the 16th of the same month (the day after the date of Mandevilles note) Charles I. Nourse, for a full and valuable consideration, executed and delivered to Mandeville, his note of that date, payable in 60 days for $400, negotiable at the Bank of Alexandria; payable at the Bank of Columbia, (in Georgetown.)

On the 30th of the same month, C. I. Nourse became further indebted to Mandeville by the acceptance of his order of that date, drawn at sight, and by acceptance made payable on the 16th of February following, in favor of C. Page for the use of Mandeville, for 64 dollars—neither of which has been paid. The Union Bank transacts its business in Georgetown, in the county of Washington.

On the 2d of February, 1811, Mandeville inserted an advertisement in the Alexandria Gazette, cautioning all persons against receiving assignments of any notes given by him to Nourse, as he had discounts against them.

Mandeville, in the Court below offered to sett-off the note and acceptances of Nourse, against his own note upon which the suit was brought; but upon the special verdict, the Court below rendered judgment against him for its whole amount; and he brought his writ of error.

By the laws of Virginia, in force in the county of Alexandria, the Defendant is allowed to sett-off against the...