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1 D.C. 534

Thornton v. Stoddert

District of Columbia District Court · decided 1809-06-15

Assumpsit, upon an indorsement of a promissory note drawn by U. Forrest, for $16,407, due 4-7th of February, 1801, dated 6th of August, 1800. The writ issued 23d of April, 1803. offered Mr. Thomas Munroe, as a witness. Mr. Morsell and Mr. G. Lee, objected : That all the rights of Thornton, and the other commissioners of the city of Washington, vested in Mr. Munroe, by the Act of Congress of May 1st, 1802, [2 Stat. at Large, 181,] under which he was appointed superintendent.

Decided 1809-06-15

The CouRT,(Monday, June 12th, Duckett, J., absent,)

¶1was of opinion, that if the defendant indorsed the note as surety for Forrest, as to any part of the amount of the note, he was entitled to strict notice as indorser, although he was interested separately in. part of the note, and that the plaintiff could not recover unless he proved a demand on U. Forrest before the 9th of February.

¶2But if the defendant was jointly interested with Forrest, in the property, to relieve'which from forfeiture the note was given, then the defendant was not entitled to notice, being as much the principal debtor as U. Forrest.

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