THOMAS FERNON, Indorsee of JNO. LYNCH vs. THOMAS FARMER'S Administrator

THOMAS FERNON, Indorsee of JNO. LYNCH vs. THOMAS FARMER’S Administrator. The words “or order” or words tantamount, necessary to make a note negociable. Assumpsit on promissory note. Indorser vs. Maker. Pleas. Non assumpsit; payment and discount; Act of Liminations and plene administravit. Reps, and issues. Plff. proved the execution of the note and the indorsement to him, and a promise, by the deft’s, intestate, after the indorsement, to pay the note to plff. Hamilton, for deft, moved a nonsuit. The note declared on is a note payable to Thomas Lynch, or order. The note proved, is payable to Thomas Lynch, but not to his order. This is a fatal variance. Bayard suggested that the words “or order,” might be stricken out without affecting the instrument; if so, it is mere surplusage. Wales replied, that it was of substance and material. ' Chitty on Bills, 140. J. A. Bayard, for plff. Hamilton and Wales, for deft» [MAJORITY] The question was, whether the words “or order” were necessary to make the note negociable, and the court being of that opinion, Nonsuited the plff.