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Page:United States Reports, Volume 2.djvu/200

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, [Q4 Casas ruled and adjudged in the l 1 792- It appears, therefore, tobe a part of their contraél, that inte- l s lhould commence, at the expiration of the lix mo¤thscre· tt. - Verdiét accordingly. _ = S1· wrjiu Lmcn.* rw- 2/I _,|"[WHIS cafe was an aétion brought by the indorfee of a I · Wy- promillbry note, againfl: the drawer; and it was con- Z zéf: tended, on the part of the defendant, that the note, having been given withoutar? conlideration, was fubjeét to the fame ‘ · 309* equity in the hands o the indorfee, to which it was fubjeft in J'? the hands of the indorfor, the original payee. . 1 Da!L Rep. i ' 44I.l Toeliablilh the defeél of conlideration, the teltimony of Lynda, the indorfor and original payee (who had liuce ob- tained his certificate as a bankrupt) was ofered : . But it was ruled by rm: Courrr, that Lynl-lv could not be a witnefs in this cafe; as he was offered, in faé}, to invalidate his

 own inllrument. r Tenn. Rep. ggg.

Crmsuso vevju Parnu. THIS was an aétion brought againft the Defendant, owner

  • of the Brig Santgfma Trinidad, for money lent to the

captain in the Hamann, who gave the plaintilf the following note: “ Received of S. Cupfuv two hundred dollars for the vic- tudlling and expences ofthe brigantine, which fum I will pay at lirll light, in the name of the owner Don _7e.r. a': Auguire Pr- rzz, who is in PL·.'Iadgq>biu; which cafhl receive, morrgaging the · ( - freight, the brigantine and her rigging, as the (aid Santiago has . lent me the above fum, for the advantage of the veffel at Ha- vrmna, june 6:}:, 1788. ' . (Signed)

 . _ •* Naryéq Sanchez y S¢rma." ·

On her arrival at Plwiladrlobin, the brig was libelled on this hypothecation (as it was called) in the Admiralty, and after hearing, the libel was dil`mill'ed. It appeared, that the captain had goods, his ovm property, on board; and that he might have procured money from the lntendant of the place, without pled- ing the veH'el. ` ` ` Heuféy, " This cafe was decided at Pl!i·..GJJbUl'i.•I; Nisi Prius, held ni Nooeméer tygr, before the Crater jusrrce, Surrrzn and Bun- roao, justice:.