Covington v. Comstock
IN error to the District Court of the United States for the Northern District of Mississippi.
An action was instituted in the District Court of Mississippi, by the defendant in error, on a promissory note, dated at New York, March 2, 1836, by which Covington and M'Morris promised to pay four thousand five hundred and sixty dollars and four cents, six months after date, to Nelson, Carleton, and Company, at New York. The note was endorsed by the drawees to the defendant in error, David A. Comstock.
The declaration on the note omits to state the place where the note was payable; and on the trial, the note was offered in evidence, and objected to by the defendant. The Court allowed the note to be given in evidence; on which the defendant tendered a bill of exceptions; and a verdict and judgment having been rendered for the plaintiff, this writ of error was prosecuted.
The case was argued by Mr. Cocke, with whom was Mr. Key, for the plaintiff in error: no counsel appeared for the defendant.
Mr. Cocke contended that it was necessary to state the place at which payment of the note was to be made; and to prove a demand at that place.
2. That the note being joint, a separate action could not be maintained upon it.
Nothing is clearer, than that a declaration on a note payable at a particular place, should state the place of payment. The omission to do this is fatal. Cited, Bailey on Bills, 429. 3 Campbell's Rep. 453. Chitty on Bills, 321. 14 East, 500. 15 East, 110. 5 Taunt. Rep. 7. 3 Campbell, 248, and note.
Mr. Justice M'LEAN delivered the opinion of the Court.