Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1819-05-18

john -. OF -
This suit originated in the County
Court, upon promissory note, drawn in
the usual way, for the sum Of S62. The
execution, protest, &c. was proven in due
bank form. The defendant falling to es-
tablish his pleas, of course, as usual, the
bank obtained Judgment. The defendant.
much TO the astonishment Of the gentlemen
learned in the law, craved All appeal TO
the Superior Court, for which, the sum
being small, he easily obtained the me-
|cessary security. lie was told by the at
oruey for the bank, that it was ridiculous
to appeal; that the action was brought
upon plain note of hand; that the bank
must recover and that it would certainly
demand the damages that the law gave,
as well as the interest. However, the de-
PENDANT said he was the best judge of his
own business and that If he must follow
the advice of lawyer, be preferred one
that was not employed against him. So
the appeal was regularly brought up /; and
as the banks always have their own notary
and witnesses, of course the plaintiff was
ready; and as The defendant could make
no defence, to plain note of hand, pay
able and negotiable at tGak, he could have
fno legal excuse to continue the cause
SO both parties were, or compelled to be
ready.
The banks attorney informed the jury,
that it was an action upon plain note Of
hand, brought against the defendant the
maker, and which the bank bad discount
ed for his profit mean, gentlemen of
the jury, accommodation i; and which he
had most uDgraiefully neglected to take
tup, pay, and discharge; and that the
bank was compelled to bring three sepa-
rate suits on this small Bote, holding il
Iup to the jary,) one against himself, and
one against each of the indorsers-and
that these suits were brought 10 the coun-
ty court, and judgment obtained and the
defendant was fool enough to appeal to this
court, where he must inevitably be cast
and the costs ia the three suits will amount
to more than the debt-but, gentlemen, it
is not the banks fault; the defendant has
brought II upon himself The note was
proved, in due form, by one of the clerks
of the bank, who swore TO the defendants
hand writing; and the jury was informed
by Mr.. Attorney, that it was unnecessary
to prove the protest and notice 70 the IN
dorsers, as the action was brought against
the maker. The calculation was made,
and the jury told that the bank expected
their verdict for S62 principal, 81 for
protest, and SIS SO interest making the
aggregate sum Of $40 SO.
The defendant stated with mourniu
countenance, that it was true the bank had
accommodated him by lending him the
money that the times were hard; that
he thanked the bank for its kindness yet
he did not think it very great accommo-
dation TO be subjected to the costs OF three
suits, when the act Of assembly author
ises both the drawer and indorsers to be
included in one writ; and he hoped to
make it appear, that in this case the
bankers have not even accommodated their
opn seEUes. He admitted that it was
plain note OF haad that he justly owed.the
bank $50 89--but that the bank was in
debted to him in larger sum; and that
as he had entered the plea OF set-off, he
asked the jury to find the issues in his
favor. He then took out Of his breeches
pocket an old leathern bag, and proceed
ed deliberately to unite the string. The
ewes of all the audience we're upon him.