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Page:United States Reports, Volume 2.djvu/255

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Snnsus Couwr or Peenyylwnia. 249 Batman! verfu: Nsnuc. ' 1796. -' THIS was an aétion upon a Promifforiy Note, brought by the plaintiff claiming to be indorfee 0 one Vuyton, againlt the defendant, the drawer of the note; in which the following declaration xlalpbfdeg. ’ “ Phila ia o . — Peter Nairae, lat: ldflythil County aforefaid, yeoman, was at- tached to anfwer Peter Bae-riere,intIor_/`ee of Vrgton, on a plea of trefpafs on the cafe, &c. And, whereupon, e {aid Peter Bar- riere, by Peter Stephen Du Ponceau, his attorney, complains, That whereas the {aid Peter Nairac, on the 8th day of june, in the _ year of our Lord one thoufand {even hundred and ninety two, at Cape Franpoir, to wit, at the County aforefaid, made his cer- tain note in writing, commonly called a Promilfory Note, with his own proper hand fubfcribed, bearing date the fame day and year lall: aforefaid, in and by which _/hid note, he, the jbid Peter Nairac, promgyed to pay to a certain Vuyton, the jim: ofjive than/imd fue hundred and ninety-three livres, fifteen fol: and eight dernierr, nroneyglihle French colony of St. Domingo, equal to jx hnndred and feven ` J onrljbur cent.r, law ul money ofthe United Slater, when- ever he, the _/bid Peter Nairac, uld be thereunto reguired,_fbr value received, by the _/bid Peter Nairac, ofthxrid Vuyton, in acquittance and for balance gfaecount with thefuece nofI•%nt, and being fo ` _ indebted, he the {aid Peter Nairac, afterwards, to wit, the day and year lall; aforefaid, at Cape hranyoir, to wit, at the county aforefaid, in conlideration thereof, upon himfelf aifumed and then · and there to the {aid Vuyton faithfully promi{ed,that he would well and truly pay to him the faid fum of live thoufandn live hundred and ninety-three livres, fifteen {ols, eight demiers, of the value. ‘ _, of fix hundred and {even dollars and four cents, whenever af- terwards he {hould be by him thereunto required. And the" ·. {aid Peter Barrier: in faét faith, that the {aid Vuyton afterwards, to wit, the day and year lall; aforefaid, at Cope Frangoir, to wit, at the county aforcfaid, did require the {aid Peter Nairae to pay to him the {aid {um of live thoufand live hundred and ninety- three livres, fifteen fols, eight derniers, being ‘the contents of ‘ the {aid Promillbry Note; and afterwards, to wit, on the gd day of May, in the year of our Lord one thoufand {even hun- dred and ninety four, at Baltimore, to wit, at the county afore- {aid, the {aid Vuyton being unpaid and unfatislied of the con- tents of the {aid note, by endorfement under his hand on" the: iinid note, appointed the contents thereof to be paid to the faid Peter Barriere, or to his order, for value received, whereof the ` {aid Peter Nairae then and there had notice, and the {aid Peter Nairac afterwards, to wit, the day and year lall aforefaid, in Y I i. ` conftderaticn