U.S. Circuit Court for the District of District of Columbia, 1807

McIver v. Kennedy

McIver v. Kennedy
U.S. Circuit Court for the District of District of Columbia · Decided July 15, 1807
16 F. Cas. 153; 1 Cranch 424
McIver v. Kennedy

Opinion of the Court

THE COURT

decided, (doubtfully,) that the plaintiff must prove the maker of the note insolvent at the time of bringing the action; that the plaintiff must prove reasonable notice to the indorser, of the non-payment by the maker; and that the jury were to decide whether the notice was reasonable.

THE COURT refused to permit the defendant to read in evidence (to prove the solvency of W. Wilson,) a deed of land in Washington county, Maryland, certified by T. Williams, (who calls himself clerk of Prince William county, in Virginia,) to have been proved in the latter count?', but not recorded in Washington county in Mar?'land, according to the laws of Maryland.

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