The Bank of North America versus Vardon

The Bank of North America versus Vardon. THIS was an action against the indorsor of a promissory note; in which the only defence attempted on the trial, was the want of notice, that the note had not been paid by the drawer, when it became due. Lewis, for the plaintiffs, would not admit, that in Pennsylvania, the strict doctrine of notice applied to the case of promissory notes as in England; where notes, are put by statute upon the same footing with bills of exchange, and must, therefore, in that respect, as well as every other, be regulated by the same rules; nor that a protect on a promissory note was at all necessary here, except for the conveniency of ascertaining the demand and non-payment. He produced, however, the messenger of the Bank to the fact of notice being given to the indorsor, in the present case, in a short time and within the customary period, after the drawer had made default. [MAJORITY — The Court] The Court were of opinion, that the notice was sufficiently proved to have been given within a reasonable time; and that it was, therefore, unnecessary to make any remarks on the law, which had been suggested by the Counsel. Verdict for the plaintiff.