1 Walk. Ch. 109
Decided January 15, 1843
Michigan Court of Chancery · decided 1843-01-15
The bill in this case was filed to recover the amount of a lost promissory note, for $500, dated March 12th, 1838, and made by the defendant Norton, payable to the defendants Stone and Everts, at the Bank of Niles, ninety days after date, and endorsed by them, and discounted by the bank. The note was lost after it became due.
Decided 1843-01-15
¶1The note was negotiable, and had been endorsed by the payees. To give this Court jurisdiction, it is not necessary that it should have been lost *110before it was due. In Rowley v. Ball, 3 Cow. R. 303, and Poole v. Smith, 1 Holt R. 144, it was held a recovery could not be had at law on a lost note, although it was past due when it was lost.
¶2Decree for complainant.