U.S. Circuit Court for the District of District of Columbia, 1823

Cox's Administrator v. Jones

Cox's Administrator v. Jones
U.S. Circuit Court for the District of District of Columbia · Decided April 15, 1823
2 D.C. 370; 6 F. Cas. 680; 2 Cranch 370
Cox's Administrator v. Jones

Opinion of the Court

The Court

(nem. con.) rejected the evidence, and said the in-dorsement became a new bill. The holder was bound to present the note again to Badeliffe for payment; and, if not paid, to give notice to the defendant, of the non-payment. It would be a fraud in the defendant to indorse the note generally, so as to give a new negotiability to the instrument, and then to set up his secret equity against an innocent holder.

Verdict and judgment for the plaintiff.

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