Lane v. East Tennessee, Virginia & Georgia Railroad
Lane v. East Tennessee, Virginia & Georgia Railroad
Opinion of the Court
delivered the opinion of the court.
The defendant was held liable, on a former day of the term, as the endorser of certain State bonds, which were duly protested at maturity for. non-payment, and notice thereof given to the defendant. The only question raised by the petition for rehearing is whether the defendant ,is liable for the amount of the unpaid ■coupons attached to the bonds sued on, with interest thereon since their maturity. The argument in support of the petition for rehearing is that, in order to hold the endorser of the bond • liable, it being otherwise as to the maker, it is necessary to .present the •coupon for payment at maturity, protest the same for non-payment, and give the endorser notice.
All of the authorities cited in support of this contention relate to coupons detached from the bonds. If the coupons are in a negotiable form and cut from the bonds, all the authorities agree that they may be treated as negotiable ' securities, and accordingly presentment, protest and notice to hold an endorser may be required. But the rule is altogether different in regard to coupons allowed to remain attached to the .bond. Municipal bonds stipulate on their face for the payment of interest, and therefpre the maker will be liable on the coupons although they show no promise on his part: Mayor, etc., v. Potomac Insurance Com
Rehearing disallowed.
Reference
- Full Case Name
- W. T. Lane, Trustee v. East Tennessee, Virginia & Georgia Railroad Company
- Status
- Published