1 Blackf. 14 | Ind. | 1818
This judgment is founded upon the idea, that cases of this kind must be governed by the lex mercatoria of England. We are of opinion, however, that the law of our country is otherwise. Supposing the law merchant to be a part of the common law, and adopted into our code, still that does not prove the correctness of the judgment before us. Promissory notéis were not governed by the law merchant, until they were put upon a footing with bills of exchange, by the statute of Anne
The judgment is reversed,, with costs, and the cause remanded for further proceedings, not inconsistent with this opinion.
Vide appendix to 1 Cranch, 367, where the reporter attempts to show, that the stat. 3 and 4 Anne, is merely declaratory of the former law. The current of authorities, however, both before and Since the statute, it is believed, accords with the doctrine in the text. Clerke v. Martin, 2 Ld. Raym. 757. —Buller v. Crips, 6 Mod. 29. — Trier v. Bridgman, 2 East, 359, where Ellenborough, C. J. says, the stat. 3 and 4 Anne, c. 9., first gave an action upon such an instrument; before which, neither the payee nor indorsee, could have sued the maker on the note. Vide Blandkenhagen v. Blundell, 2 Barnew. and Ald. 417, to the same effect. In Ind. promissory notes, payable at a chartered bank, within the state, are placed on the same footing as inland bills of exchange, according to the custom of merchants. Ind. Stat. 1823, p. 330.
Ind. Stat. 1817, p.233. — Acc. Ind. Stat. 1823, p. 330.