, 1863-09-08

An administrator paid forged note, aud was
allowed to recover backth money:
to iotged d negotiabfle paper, Is charged WITH !
when Called upon By N innocent holder for per
hs Is TePPads
act because Of the forgery. 1.-The pays, he cannot
recover back the money; he takes upon himself
Between other persons, the rule is essentially
instIunent, and has FeeeiTcd it in good tath may,
whLn he discovers the forgery return the tnstru-
ment, and sac for the consideration.
Camden ct al. :. Mccoy ct a.; Scam. 4s1:
Th general Fe L TINT r.
the note. to ~ up he endorsemsnt5, 5 hy writing
fnt m Mh af squ5 nsqe9 Of Gs ssel s5 and
confusion have arisen IN the application ot this
rule, md there arc many contradictory dec1-
stons. ....-
length, and says he has been able to find no Case
II which the maker nnd endorser Of u promtssory
note wele Joined IL IN ore action ,,.. ~ ,ro.,, ..
s essieS sItasta1s e tss i'sas hsaa psisw :
eeEst1re I'll Il he III hand lit of Witness. AID
the signature Of a third person on the back of u
nss 4 e. ,S d bs to
thortles are Eot definite and conclusive as to the
technical character Of ths liability, yet their gen
LEGQEHC}s as wen rs LIE &ASu3e Ql TUG tIAuhaE-
guarantee. CATION disee1ts. and holds that where
euch third persons name appea1s the pzesnmp-
ery, and thAt le il an original promissoy, and Tho
holder might write above such nam8 either con-
tract Of surctyehlp or Of guaranty.
note is given for the pu1chas ed price Of land fa,
nis o. 1 y ~. VI ne e, ,'o W
cIsr IA . tiii,. ri. bc shown AoN - "'s
WITHOUT fraud or warranty the purchaser takes
the tile at hts oWn r1sE; -, .,.
:. eu; ~ 3osa5 osan nIaosJopf nosI ras
hcid to anthorizoa recovery. on nroof al tho hap.
periug Of The contingency.
AfcnerF noenc. Scam. ,a9 eantuea VI ~ 7n- ~
Iva dcntei m naath '1
PettIs 7. West'=ke ct al, Scam. 63:.The legal
~ y eeto sss r,s S.Tnr TX nnta
iii due. -" -
Da~son Ct al J. Bank OF Ihnois, seam. sg-plea ss
~ nose hc5 lad for ws1t Of averment of eriors
nance by defendant.
Roge5s r. Miller Ct A., seam: rs. .-ao% r. s9 70
pnte nt~s1 A0' @''- 'S~~'' ''S
Dledsoe '. Graves, 4 scan., ssa.
!. Under ou1 statufe there arc tnsea Gonttnsea- @
ahsn r.. as.ecc ~ hns nse ne ii;ccnce bv snt
n.xinst he maker; secondly, when such suiteoul1
not hays been instituted By reason Of the maker
haying leM thG et3ts Or "nGn .ue noas s
1Tau5d tSea i b;sTc W been uns7aIinr. 'A''
2. II when the note falls dne suit against the
nnre se ts cndoeser Int II lie delaT he must
when be does sur, show that suit in rhe intc1me-
di.te time Touh also hare been nninrsiiiDg;. W.,
.h1 holeg of liz uate neei I'd not 20 mso caaucer;
TO tfmoyc obEtsuctioastn 81 tsc WY Of execution.
Gatstt9s CT q. =. L.l4e e ~, 2 scAM. ~. -
lain an action thereon against subsequsnt en-
dossst, who has etndo!eed the note 70 hiq, ~, 20.
rss sen RIeua' ~ s
LAzen :. Fraacie, sca1n 4et-Whe.s note ta
assigned after maturity. tie holder IL subject to
~ ~ Ie 1,avnc Th's was tasen mn m
q Special p1en of payment, !,
Duncan Ct q. '. chaI1ea, Seam. 5S1: -
ojsnd rnntraet 10Th tanstitate 20 on Agreement.
Whete several notes aEt gassn, maeustn. ~
different times the payment o. ne lass 5otcs ana
the making OF the conveyance are nulual ano oo-
pe1G,ant asts. ..,..,,s -, ~oa,,r,.,
TINS case eonians o1nc! po'nts ea eoaEtoe@
1'i ]1e sN's ~ 'A'o'1 -s.--. ..s .-.-
| Yesterday morning WAS siguallzed By general
onenino of n1, the citv md comfy conrts. with
Vfe ~ - ~, = 1t:~n.a
pretty full attendance OF tue pat IN eaen. II was
/ evident that, the summer vacattou closed, work
| ,ras he the or5er Of the day.
"~ ~ - -. -u,
| > TIE oihcuA1 coohs.
In the Circuit Court Room, Judge Hflhams an
nounced that there would be no peremptoty call ol