The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1819-05-19
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The Bank o(--,l , Sunertor Courl Of Law
VS.. John { fer hhe eounsy et ---~-''t
This sui, o1gioa ed IN toe County Coor
upon a promssary noie, draw0 IN the 'osusi-
way, for the sum OF S62. The execution,
protest, &c. was proven in due bank form.
The defendant falling to establish his pleas,
of course, as usual, the bank obtained Judge
ment. Tie defendant, much TO the astonisb-
neot Of the gentlemen learned 10 the law,
craved an appeal to the Superior Court, for
which, the sum being small, he easily OBJ.
tanned the necessary security. He was told
by tho attorney for the bank, that i, was rid
icolous 10 appeal that the action was brought
upon niain nofe Of hand that the bank
must recover /; and that il would certainly
demand the damages that the law gave, as
we'll as the intercst.--Howcvcr,t the dssend-
ant said he was The best Judge Of his own bo
sioess and that If he must follow The advice
of lawyer, he preferred one tina, was not
employed against him. So the appeal was
regularly brought up and as the banks al
ways have their own notary and Witnesses, of
SO the pisin,iF was ready and as the de-
feodanr could make no defence, 10 Alarm rote
of nand, payable and negocisbfc a. bank, he
could have no legal excuse 10 continue the
be ready.
The banks attorney into med the jury,
that il was an action upon htain note OF hand,
brought against the de:cod.nt the make, and
which the bank had discounted TO, his brgfI.
l mesn, gentleman OF jury, accommodation,
and which he mad mosS uDg ateiuy Degleci-
cd 10 take up, pay, and discharge: and 'hat
the bank was com pelied to bring three sepa-
rate suits on this small note, (hoiding u up 20
the jury) ono sgainsl himself, and one against
each of the indorsers--and that these. SUITS
were brought IN the county court, and judge
ment obtained and the defendant was tool
enough to appeal to this cou',, where he mus'
inevitably he cast and the Costs In the thee
suits will amount 10 more than the debi--but,
gentlemen, II is not the banks fault the de-
fcndant has brough, It upon himself The
note was proved, in due form, by one OF the
clerks OF the bank, who swore to the defend
ants hand writing and the jo'y was inform
ed by Mr.. attorney, that It was unnecessary TO
prove the protest and notice to the indorsers,
Is the action was brought against the maker.
The calculation was made, and the Jury told
that the bank expected their verdic' TO- SeS
principal, 81 for protest, and $3.50 in,eres.
making the aggregate sum OF s'"y nine
dollars and eighfy nine cents.
The dcfendan, stated with a mourniul
countenance, that it was true the bank had
accom- modated him by lending him money;
that the times were hard aud that he thank.
ed the bank Tor us kindness (; yet he did no,
think IL very great accommodation to be sub.
iected TO the costs IT three suits, when the
act Of assembly authorises both the drawer
and endorscrs to be included in one writ and
he hoped to make j, appear, that in this case
bankers have not even accommodated their
own selves He admitted that it was plain
note Of hand: that he justly owed the bank
$50 50 ets.--but the bank was indebted to
him 10 larger sum and that as he had en-
tered the plea of set of, ne asked ;he iory'to
End the issues IN his lavor. he then took
out his breeches pocke an old leathern bag,
aud proceeded deliberately to un,. the string.
The eyes Of all ne audience were upon hlm.
AT length he hauled out Two small pieces al
paper---5rst opened one aud then the Other
Here, gentlcmeu, IL the banks no,c for yify
dollars here is her for tsvenry dollars
.ffty dollars and fsornfy dollars make seventy
dollars---and as seVesty dollars is more than
asty-nine dollars and eiyaiy nine cents, IL
will follow OF course that the bank owes me
eleven cents. IL was objected, on behalf OF
tho bank, that the defendant ought not TO be
allowed his ofsct and not at any rate, unless
he proved that be had the identical notes In
his possession at tho time Of the commence.
ment Of the suit, That il defendants could,
at any time, Offset the notes Of banks, sgsips
suits brought by the banks, that any defendant,
after putting off suit for twelve or eighteen
months, nigh, always, by procuring one dot.
lar more than The debt, subject the bank to
the costs Of two distinct courts.
His honor, after inspecting the notes, ob.
served to the jury, ths, !, appeared from their
dates, tia, the notes had been Issued previous
10 the commencement OF the sui,; aud as
hey were made payable on demand, cousc
quen,ly they must have been due at the zine