Bank of Alexandria v. Wilson

1 Cranch 168 | U.S. Circuit Court for the District of District of Columbia | 1804

THE COURT

was of opinion (nem. con.) that it was not necessary to bring suit against the maker of the note in order to create a right of action against the indorser. KILTY, Chief Judge, said, “As it is in other cases.”

CRANCH, Circuit Judge,

said his opinion was made up on the ground that no case had yet been decided that an indorsed promissory note, payable to order, was not a negotiable note; or a bill of exchange; and that he was of opinion that, upon such a note, no suit was necessary against the maker, in ,any case, to support an action against the indorser.