YOUNG
v.
BRYAN ET AL.
Mr. Chief Justice Marshall delivered the opinion of the Court, that a suit may be brought in the Circuit Court by the endorsee against the endorser, whether a suit could be there brought against the drawer or not. In such a case, the endorser does not claim through an assignment. It is a new con tract entered into by the endorser and endorsee, upon which the suit is brought; and if the endorsee is a citizen of a different State, he may bring an action against the endorser in the Circuit Court. As to the other objection insisted upon by the plaintiff in error, all that was incumbent upon the holder, was to give due notice to the endorser. No protest of a promissory note or inland bill of exchange is necessary.
Judgment affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Mollan and others v. Torrance, 9 Wheat. 537 (U.S. 1824)…Citizen of Mississippi, but is silent respecting the citizenship or residence of Lówrié, the immediate endorser of’ Torrance, through whom the plaintiffs trace their title to the money for which? the suit, is instituted. The case of Young v. Bryan,(6 Wheat. Rep. 146.) has decided, that an endorsee who resides in a different State, may sue his immediate endorser, residing in the State in which the suit is brought, although that endorser be a resident of the same State with the maker of the note; but in this case…
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Holmes v. Goldsmith, 147 U.S. 150 (U.S. 1893)
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Parker v. Ormsby, 141 U.S. 81 (U.S. 1891)…e citizens of different States, whether a suit could have been brought or not by the payee against the "maker; for the endorsee would not claim' through an assignment, but by virtue of a new contract between himself and the endorser. Young v. Bryan, 6 Wheat. 146, 151; Mullen v. Torrance, 9 Wheat. 537, 538. 2. The holder of a negotiable .instrument payable to bearer or to a named person or bearer-could sue the maker in a court of the United States, without reference to the citizenship of the original payee p…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Montalet v. Murray, 4 Cranch 46 (U.S. 1807)
- Slacum v. Pomery, 6 Cranch 221 (U.S. 1810)
- French's executrix v. Bank of Columbia, 4 Cranch 141 (U.S. 1807)
- Mossman v. Higginson, 4 Dall. 11 (U.S. 1800)