ERROR to the Circuit Court of the District of Columbia, for the county of Alexandria. This was an action of assumpsit, brought by the defendants in error, the Bank of Alexandria, against the plaintiffs in error, the administrators of William Byrd Page, deceased. The declaration contained two counts. The first was on a promissory note, which was set forth, as made by William Hodgson, and payable on demand to the intestate, Page, who endorsed it to the Bank of Alexandria, where it was discounted, and the money paid to Hodgson. In support of this count, a note was given in evidence, drawn by Hodgson, in favour of, and endorsed by Page, payable fifty-four days after date.
The other counts were for money lent and advanced by the plaintiffs below to the intestate, Page, and for money had and received by him for their use. Evidence was also given to show, that the Bank had used due diligence in demanding payment of the maker, and in giving notice of non-payment to the endorser; and that Page, in his life time, frequently promised the Bank payment of the note, after it became due. Judgment was given for the plaintiffs below, on a demurrer to the evidence, and the cause was brought to this Court by writ of error.
This cause was argued by Mr. Swann, and Mr. Lee,a for the plaintiffs in error, and by Mr. Taylor,b for the defendants in error.
Mr. Justice LIVINGSTON delivered the opinion of the Court, and after stating the case, proceeded as follows: