Source: United States Circuit Court of the District of Columbia
Date: 1834-03-01
Jurisdiction: United States
Citation: 7 F. Cas. 286 · 4 Cranch, C. C. 448
Opinion
THE COURT (MORSELD, Circuit Judge, absent) was of opinion that the cancelling of the names of the indorsers (blank indorse-ments,) for the puipose of preventing their liability, did not destroy the effect of the in-dorsements, so as to prevent the title to the bill fr.om passing to the plaintiff. See Nevins v. De Grand, 15 Mass. 436. THE COURT also decided, that the draft, not being due at the commencement of this action, could not be set off. 2 Saund. PI. 790; Evans v. Prosser, 3 Term R. 186; Hutchinson v. Reid, 3 Camp. 329; Eland v. Karr, 1 East, 370; Rogerson v. Ladbroke, 1 Bing. 93. But THE COURT said it was not evidence of payment. Verdict for the plaintiff.