Page:United States Reports, Volume 1.djvu/455

444 

1789.

I have no doubt, indeed, that many acts of Parliament, paffed, not only before, but fubfequent to the union of England and Scotland, have, by the fame means, been introduced and practiced upon in Pennʃylvania ; and as experience has proved fuch proceedings to be beneficial, fo conftant and uninterrupted ufage has given them a legal exiftence, that cannot now be fhaken or deftroyed. But the indorfees of Promiffory Notes, according to the beft information which we can obtain, have never grounded their actions againft the drawer, upon any other bafis than the act of Affembly now under confideration ; though, I think, the action by an indorfee, againft the indorʃer, muft be founded on the ftatute of Anne, and the ufage under it, as no fuch action is given by the act.

The queftion, fo far as it relates to the affignees of has been determined in the affirmative, in the Supreme Court of Pennʃylvania, before the revolution. See ant. 23. And, as, on the one hand, the Legiflature has made no difference whatever between the affignees of Bonds and the indorfees of Notes, fo, on the other, we cannot difcover any folid or good reafon to introduce a diftinction in the particular before us.

Upon the whole, we are unanimoufly of opinion, that the indorfee of a promiffory Note, does take it, fubject to all equitable confiderations, to which the fame was fubject in the hands of the indorfer, the original payee. And, therefore,



HIS was an action of Covenant, and the circumftances under which it came before the Court, were thefe : The plaintiff filed a declaration in the following words;

“ Joʃeph Lynn, late of the county of Philadelphia, yeoman, was fum-

“ moned to anfwer James Cummings, affignee of James Campbell, and

“ Stephen Kingʃon, who were affignees of George Turner, of a plea that

“ he hold with him the covenants and agreements of him the faid Jo-

“ ʃeph  with the faid George made, according to the force, form, and

“ effect of a certain deed thereof by him the faid Joʃeph, with the faid

“ George made, &c. And thereupon the faid James Cummings faith, that

“ on the 6th day of February, in the year of our Lord, one thoufand

“ feven hundred and eighty-four, at the county aforefaid, a certain

“ Nicholas Eveleigh, of the State of South-Carolina,  by his certain

"obligation, or writing obligatory, fealed with his feal, and to the

“ Court here fhewn, whofe date is the day and year aforefaid ac-

“knowledged himfelf or be held and firmly bound into a certain

“ Lewis Leʃtargette, in the fum of three hundred and ʃixty-ƒour pounds,

“ twelve ʃhillings, fterling money, in gold or filver fpecie at the rate of

“ four ʃhillings and eight pence to the dollar, or one pound one ʃhilling and

“ nine pence to the guinea, to be paid to the faid Lewis, his certain “ attorney,