Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-04-17
GIVE PROMPTNOTICE
enooRsEas MUST Be ADVISED THE
pAyAFTEaNoTes ARE PROTESTED.
r,yry. Convicted Of Forgery, Gets on ms
the Paper Preiudieed No Ones IN
terest-other Decisions.

An interesting opinion was rendered IN
tha sunreme Court yesterday by Judge
Lewis bearing on the notice TO De given an
endorser when q note Is protested.
The case in point was Corbin against tne
Planters National Bank Of Richmond, nom
the Corporation Court of Danyille.
Corbin was one of the endorsers on q
note drawn for SO 900 in Danville and made
PAYABLE IN New York. The instrument
was not paid at maturity and was cohseSi
quently protested. Suit was lnstltuteu
against the drawer and endorsers ~ a. sn
instrument. and subsequently aRailllse S ~ =,
bin alone. Judgment being rendereu AZ
favor of the bank. He carried the case 10
the Supreme Court. .;so5
His plea was that he was not notihed
promptly when the note was proteSNceu,
and that the simple certificate Oh a heH
York notary stating that the note mao nao
been dishonored was not evidence III VIZ
GINA.
The higher court decided in favor OF botn
of these points. holding that the ehuoIset
~ a NOTE sbould he notified of its protest
NOT later than on the next succeeding busi-
ness day. The court below was reversed
WAS NOT FORGERY.
Judge Fauntleroy read the opinion IN
case OF Terry against the Commonwealth.
Terry was convicted of forgery IN the
County Court of Campbell and gwen two
wears in the penitentiary, his offence con-
sistinp of writing q letter to himself APP
parenfiy from the Office Of II. III. smith d
Co. signed Smith 4 Mcclure, receivers,
in which IL was stated that his note Tor 9
| large amount had been sent to MN ~
mail. and that if it had been lost II Wouiu
! do no harm. as il had been cancelled.
II was held by Judge Fauntieroy tnat
| the paper prejudiced the rights Oh no 70 1ii 4.
es contem plated in the code, for even II ~
had been genuine il would have been OK no
avail in an action against him by II. M
| Smith a Co. Referring TO the signature
"Smith & Mcclure, receivers, ne remark
| cd that none such had ever existed and IN
ouired in reference thereto " What smith
| of all the Smithsi"
The decision of the lower court was re-
yersed and the discharge OF the prisoner
from custody was ordered.
OTHER CASES.
Campbell against Shipman. From the
| Circuit Court Of the city of Alexandria
| Affirmed. Judge Lacy delivering the opinii
| ion. concurred in by Judges Lewis and
| Fanntleroy. Judge Hinton not sitting and
Judge Richardson dissenting.
| billiard and ais against Turner's admins
| traitor. From the Circuit Court Of Amherst
county. Affirmed, Judge Hinton deliver
| ing the opinion. -,
Roller against Efinger. Removed to
| Staunton.
Tyler. receiver, against Sites, admins
| traitor Writ of error and SipGsededs award.
ed to Judgment rendered by the Circuit
| Court of Shenandoah county on the 2lst OF
| October. 1890. W.. -,
Goodman, &C., against Haskins. Writ OF
| error refused to. Judgment rendered Dy Snt
| Circuit Court of Powhatan county on 15tt
| April, 1890.
T. Crump, ESQ.,, for appellant and sub
mitted. NJ,
Whitelaw against Sims; Daniel against
Wharton. Marshall against Palmer
Kincheloe against Lake. Continued.
Chalkley against City of Richmond. Ar:
gued by +. Ii. Mcclure, Esq, for plaintiff
in error.