Mason v. Mason

Decided November 15, 1829

Assumpsit by the last indorser against the first-indorser of a promissory note made by T.- Mason,' payable to and indorsed by the defendant, Richard B. Mason, and by H. Ashton. The note was offered for discount, but the .bank required a town indorser, and the plaintiff, who resided in Alexandria, indorsed it. It was then discounted for the benefit of the maker, and, at maturity, paid by the plaintiff.

Decided 1829-11-15

¶1The Court, (nem. con.) at the prayer of the plaintiff, instructed the jury that the defendant was liable for the whole amount paid by the plaintiff to take up the note.

¶2Thruston, J., and Morsell, J., were of opinion that this ease differs from that of McDonald and Magruder at Washington, in this particular, that here the plaintiff was not originally one of the indorsers before the note was offered for discount.

¶3Cranch, C. J., did not think that that circumstance was material, because he was of opinion that the prior indorser was liable to the subsequent, for the whole, unless there be an agreement to the contrary.