Brandon v. Loftus

THIS case was brought up, by writ of error, from the Circuit Court of the United States for the Southern District of Mississippi.

It was an action brought by the indorsee against the indorser of a promissory note, under the following circumstances.

On the 12th of December, 1838, the following note was executed:--

Fort Adams, December 12th, 1838.

On the first day of January, A. D. 1841, we jointly and severally promise to pay Gerard C. Brandon, or order, the sum of two thousand six hundred and sixty-seven dollars, value received, without plea or offset, payable and negotiable at the Planters' Bank of the State of Mississippi, at Natchez.

(Signed,) WILLIAM C. COLLINS,

JOHN C. COLLINS.

(Indorsed,) 'Gerard C. Brandon,' 'Loftus & Whitehead.'The note was passed by the indorser, Brandon, to Loftus and Whitehead, who were citizens of Virginia. It fell due upon the 4th of January, 1841, and was not paid. In February, 1841, Loftus and Whitehead brought a suit against Brandon, and the cause came on for trial in June, 1842. Upon the trial, the plaintiffs offered in evidence the following paper, which was objected to by the defendant; but being admitted, the defendant took a bill of exceptions, which is the only one in the record, viz.:--

The plaintiff then, without any further proof, offered to read to the jury, as evidence of the protest of said note, and to show notice, a certificate of James K. Cook, which was contained in a loose, detached piece of paper, partly written and partly printed, which certificate is in the words and figures following, to wit:--

STATE OF MISSISSIPPI, Adams county:

I, James K. Cook, justice of the peace and ex officio notary public in and for said county, residing in the city of Natchez, qualified according to law, do hereby certify that, on the 4th day of January, in the year 1841, I went to the Planters' Bank of the State of Mississippi, in Natchez, and then and there presented for payment the original note, of which the following is a true copy, together with the indorsements on the back of said note:

Fort Adams, December 12th, 1838.

On the first day of January, A. D. 1841, we jointly and severally promise to pay Gerard C. Brandon, or order, the sum of two thousand six hundred and sixty-seven dollars, value received, without plea or offset, payable and negotiable at the Planters' Bank of the State of Mississippi, at Natchez.

WILLIAM C. COLLINS,

JOHN C. COLLINS.

(Indorsed,) 'Gerard C. Brandon,' 'Loftus & Whitehead.'

And I then and there demanded payment of the said note according to its tenor and effect, and was answered by the teller of the said bank that the said note would not be paid, and that no funds were deposited in said bank for that purpose; and the said note was not paid by any person when payment thereof was demanded as aforesaid. Whereupon I protested said note for nonpayment, and notified the parties thereto of said demand, nonpayment, and protest, and that the holder of said note looked to them for payment thereof, which notices were given at the times, and addressed to and directed in the manner following, to wit:-To Gerard C. Brandon, at Fort Adams, Miss. To Gerard C. Brandon, at Pinckneyville, Miss. To Gerard C. Brandon, at Woodville, Miss. To W. C. and J. C. Collins, at Concordia, Louisiana.

All of which notices, directed to the parties respectively as aforesaid, were placed by me in the post-office at Natchez in time to go out by the first mail of the day next succeeding that on which said note was protested as aforesaid.

Which facts constitute, as herein set forth, a full and true record of all that was done by me in the premises.

In testimony whereof I have hereunto set my hand and affixed my official seal this 27th day of January, 1841.

JAMES K. COOK, J. P. Notary.