Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-05-13
~, aeeoms.oaatios--ahd which he had most

~, ACKNOWLEDGEMENTS which chad most
ungrateful'y neglected to take up, pay and
discharst and that the bank was compel
led to bring three separate SUITS on this small
note, tholding II up to the jury, one against
himself. and one against each Of tn endor-
sers-and that these suits were brought IN
the county court. and judgment obtained !;
and the defendant was fool enough TO ap-
peal to this court, where he must inevitably
be cast and the COSTS in three suits will a
mount TO more than the debt: but, gentle
men it is not the hanks fault-the defend
dant has brought itupon himself. The note
was proved, in due form. by one OF the
clerks Of the bank, who swore to The defen-
dant's hand writing and the jury was in-
formed by Mr.. Attorney that it was unne-
cessary to prove the protest aud notice 10
the endorsers, as the action was brought a.
gainst the maker. The calculation was
made, and the jury told that the bank ex.
pec,ed their verdict for 60 dolls. principal,
2 dolls for protest, and S dolls SO cts. inter-
est-making the aggregate sum OF arty-
nine dollars, and eighty-nins cents.
The defendant stated, with mournful
countenance, that it was true the bank had
accommodated him by lending him the mo-
ney that the times were hard; that he
thanked the bank for their kindness yet
he did not think it very great accommo-
datioD to be subjected tashe costs Of three
suits. when the act of assembly authorises
both the drawer and endorsers to be inclu
ded in one writ; and he hoped to make it
appear, that, in this case, the bankers have
not even accommodated the oumselves.
He admitted that it was plain note of hand;
that he justly owed the bank 69 dollars and
SO eents-but that the bank was indebted
10 him in larger sum and that, as he had
entered the plea of set of, he asked the ju-
ry to find the issues in his favor. He then
took out Of his breeches pocket an old
leathern bag, and proceeded deliberately
to unite the string. The eyes o. all the au-
dience were upon him. AT length he haul
ed out two small pieces of paper-6rst O.
pened one, and then the other. Here gen.
tlemen is the banks note for fifty dollars
here is another for twsnty dollars-.tyfy dol
lars and tuenty dollars make serenity dol
lars-and as serenity dollars is more than
sirty-nins dollars and eighty-nins cents, it
will follow, of course, that the bank owes
me slsvsn cents.
1t was objected, on behalf of the bank,
that the defendant ought not to be allowed
this Offset; and not, at any rate, unless he
proved that he had the identical notes in
his possession at the time of the commence
ment OF the suit. That il defendants could
at any time, offsett the notes OF banks "a
gainst suits brought by the banks, that any
defendant, after putting off a suit for twelve
or eighteen months, might always, by pro-
curing one dollar more than the debt, sub.
ject the bank to the costs OF two distinct
courts.
His honor, after inspecting the notes, OBJ
served to the jury, that it appeared from
their dates, that the notes had been issued
previous to the commencement of the suit;
and as they were made payable on demand
consequently they must have been due at
the time the action was brought; and as
the notes of the corporation must be viewed
in the same light as the notes OF individuals
that the defendant, upon proving the hand
writing of the president and cashier, would
be entitled to set-of-and consequently
The bank being indebted eleOen cents TO the
they must find verdict for him.
The hand- writing was proved; and the Ju-
~, without leaving the box, gave verdict
or the defendant, amidst the applause OF
crowded court.
N. B. The other two suits were dis:nis-
,ed; and the defendant marched out Of court
the costs OF the three suits in
10Th courts.l
THE PEDESTRIANS HOBBY HORSE.
Baron Won Drais, gentleman at the
SQUIRT of the grand duke OF Baden, is the in
,entur of this ingenious macblne, called