Gaither v. Lee

Decided June 15, 1820

Assumpsit, against the acceptor of a bil drawn by John Wells, Jr. upon the defendant, and by him accepted payable to James Hodnett, or order, on the 29th of March, 1819, and indorsed by him and A. Mclntire, for $350. The bill, having seventy-five days to run, was put into the hands of Mr. Nicholls, a broker, to raise money upon it for tfie use of the drawer.

Relies on Tillotson v. Cheetham · M'Kinstry v. Solomons

Decided 1820-06-15

¶1Which instruction

the Court(Moesell, J., contra,,)

¶2gave, upon the authority of the two cases cited by Mr. Marbury, namely, Jones v. Hake, 2 Johns. 60, and Wilkie v. Roosevelt, 3 Johns. 66, 206.

¶3Verdict for the defendant. The plaintiff took a bill of exceptions to the instruction of the Court to the jury, but not to the admission of the indorsers as' witnesses for the defendant. No writ of error was prosecuted. The cause stood several terms upon a motion for a new trial on the ground of misdirection of the jury, but it was never brought to a hearing, and at October term, 1821, the cause was struck off by the plaintiff.