Case No. 921.

BANK OF THE UNITED STATES v. LEE.

[3 Cranch, C. C. 288.]¹

Circuit Court, District of Columbia.

April Term, 1828.

NEGOTIABLE INSTRUMENTS—DISCHARGE OF INDORSER—EXTENSION OF TIME.

The indorser of a promissory note is discharged from his liability by the holder taking new security, and giving time to the maker without the consent of the indorser.

[See White v. Burns, Case No. 17,539; Cope v. Huntt, Id. 3,206; Varnum v. Milford, Id. 16,890; Morgan v. Tipton, Id. 9,809.]

The defendant [E. J. Lee] was the Indorser of R. B. Lee's note discounted by the plaintiffs.

THE COURT, (nem. con.) on the motion of Mr. Taylor, the defendant's counsel, instructed the jury, in effect, that if they should find from the evidence that the plaintiffs, in consideration of new security given by the maker of the note, agreed with him, without the defendant's consent, to extend the time of payment of the debt for one year or more, the defendant was thereby discharged from his liability as indorser of the note.

Mr. Taylor cited the following authorities: 7 Bac. Abr. 507; Nisbit v. Smith, 2 Brown. Ch. 579; Baird v. Rice, 1 Call, 18; Rees v. Berrlngton, 2 Ves. Jr. 540; Ward v. Johnson, 6 Munf. 6; Ellis v. Galindo, 1 Doug. 250, note; Hill v. Bull, Gilmer, 149; English v. Darley, 2 Bos. & P. 61; People v. Jansen, 7 Johns. 332; Bull, N. P. 275; Wilson v. Lenox, 1 Cranch, [5 U. S.] 194; James v. Badger, 1 Johns. Cas. 131; Croughton v. Duval, 3 Call, 69; Chitty, Bills, (Amer. Ed. 1817,) 300; Duval v. Trask, 12 Mass. 154; U. S. v. Nicholl, 12 Wheat. [25 U. S.] 510; McLemore v. Powell, Id. 554, 557; Moore v. Bowmaker, 6 Taunt. 379.

Mr. Lear, for plaintiffs.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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