Cox's Administrator v. Jones

Decided April 15, 1823

Assumpsit, against the indorser of W. S. Itadcliff’s note, dated October, 9th, 1816, for $120, payable thirty days after date to the defendant or order. Long after the expiration of the thirty days, namely, on the 3d of January, 1818, this note was indorsed by the defendant to one Joshua Tennison or order, who indorsed it to the plaintiff’s intestate.

Decided 1823-04-15

The Court

¶1(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.

¶2Verdict and judgment for the plaintiff.