Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-07
ATTACHMENT REPLEVY.

most carefully prepared.
ATTACHMENT REPLEVY.
BOND FORA party desiring to replevy
property attached may at his option give
bond either for the debt or the value or the
return Of the property. Barry vs.. Frazier,
No. II.
BOND, PURPOSE OLA bond given il
double the amount of the debt, which was
less than the value of the property, with
condition that if the said G.. shall pay said
debt, etc., or so much as the court shall or
der, and in other respects comply with the
decree, then to be void, is bond to pay the
debt. Iden.
DESTRUCTION OF PRoPERTY.-Further
held, that the obstruction OF property repleY-
led is the loss of surety. Idaa. ..
ATTACHMENT, AFFIDAVIT REQUIRED
WHEN.-In a contest of priority by bill OF
interpleader between an assignee of debt
and an attaching creditor, the creditor must
show valid affidavit to support his attach
ment. Lambeth US. Clark, No. So.
BILL OF EXCEPTIONS.
AGREEMENT OF CoUNsEL.-An agree
ment of counsel inserted in the record may
supply a defect in a bill Of exceptions.
Tomeny Us. Ger. Nat. Bank, No. Is.
EFFECT OF SPECIFIC AGREEMENT.--An
Agreement of counsel that a certain paper
was read on the trial makes it part of the
record for the purpose of eorit Of error.
[Iden.
WHEN NO OBJECTIoN.-Such agreement
that paper was read not showing any ex-
ceptiOn to it precludes exception in the Su-
preme Court.-Idem.
BILLS AND NOTES.
LIABILITY OF ENDORsER.-An endorser
of promissory note who is, not the payee
cannot be held liable a. law to the payee on
parOl proof that he endorsed for the accom-
mediation Of the maker. Brinkley VS.. Boyd
No. 2.
NOTARY'S CERTIFICATE.-A nOtary's
certificate that he had ''made diligent search
and careful enquiry to find" the drawer of
a note, "but without success, is not pr1nd
fdcie evidence of proper enquiry. His GER
tificate is evidence of facts, but not of con-
clusions of law. Cockrell VS.. Loenstein
No. SO.
FRAUDULENT ENDORSEMENT, BANK
RUPTCY-The payor of a note or his repre-
tative cannot attack the endorsement of the
note, as being made in fraud of the bank
rupt law TO defeat suit Oy the endorsee.
Wills VS. Schoonover, No. 81.
WANT OF CoNsIDERATIoN-Wh a
note was executed without consideration,
the fact that it was made colorably and TO
give apparent SOlyency to bank will not
bind the maker. Tag VS. Tenn. Nat.
Bank, No. 106.
AGENT, ENDORSEMENT AND REMIT
TANCE.-The endorsement, by an agent of
bill or check, drawn payable to the agent
and endorsed, for security and convenience
of transmission, does not bind the agent to
the principal on the failure of the bank
drawing the check or bill-Byers VS.. Har-
ris, No, Y.
PROPER DILIGENCE "A bill of exchange
given, payable on demand, dated Salem,
virginia, 10th of July, 1869, and enclosed
ina letter of July Il, 1869, was pre- sented
at Boston for payment and on refusal, no.
tice given by letter dated 18th of July,
1869; held to be proper dilgence-South-
worth VS.. Thompson, No. 10.
PRESUMPTION AS TO ACCEPTANCE.-A
bill was sent to payee by mail to pay prece-
dent debt, presented to payor and payment
refused tor want Of funds, and maker no.
titled TO come and settle accounts with pay
or; maker created the impressi ion that he
would do so; whereupon payee held up for
some months when he demanded again and
presented the bill and sued the maker on
it and the original demand. Held that the
bill would be presumed not to have been
taken in payment, Idenl.
LIABILITY ON FAILURE To RETURN
NOTE ELAN took Of johnson a note, dated
Dec. 25, 1860, on Morrison, who was
in bis employ, and agreed 20 account with
johnson for what he might owe Morrison,
the balance to pay over when collected, or
return the note as he might prefer. Elan
settled with Morrison in November, 1860,
and owed him $50, for which he gave him
a note, and said note was transferable to a
third party, who sued: Held that, Elan
was only liable for the amount which he
owed on the 18th of December, 1860.
Further held, he was only liable for fail
ure to return the note on demand, not for
an indefinite detention of it without de-
mand.
SET OFF ALLowED-Held moreover that,
to note in favor of Elan transferred to
plaintiffs after it fell cue and after this
transaction they could set off any sum
which Elan was liable to johnson for in
the above contract. Idem.