Absent....LIVINGSTON, J. TODD, J. and STORY, J.

of By making a

note negotia

ERROR to the Circuit Court for the district Columbia, for the county, of Alexandria, in an action of ble in a bank, debt, by the Union Bank against Mandeville, upon his the maker aupromissory note to C. I. Nourse, indorsed to the bank. thorizes the

bank to advance on his

On the trial below a special verdict was found which credit to the states the following facts:

owner of the note, the sum expressed on

On the 15th of January, 1811, Mandeville, then and its face; and it would be a always an inhabitant of the town of Alexandia, (in the fraud upon the county of Alexandria) for a valuable consideration bank to set up made his promissory note at the said town, payable to C. I. this note offsets against in Nourse (or order,) sixty days after date; negotiable at consequence of the Union Bank of Georgetown; payable at the Bank of any transac tions between Potomac, in Alexandria, for 410 51. the parties.

The note was delivered to C. I. Nourse, and on the same day indorsed by him, and offered for discount at the Union Bank, where it was regularly discounted for his use.

On the 30th of the same month, Mandeville being informed that his note had been discounted, made no objection, and said that he had funds to meet it.

The note was not paid when it became due, and was protested for non-payment.

VOL. IX.

2

On the 16th of the same month (the day after the date of Mandevilles note) Charles I. Nourse, for a full and valuable consideration, ex cuted and delivered to Mandeville, his note of that date, payable in 60 days for $400, negotiable at the Bank of Alexandria; payable at the Bank of Columbia, (in Georgetown.)

On the 30th of the same month, C. I. Nourse became further indebted to Mandeville by the acceptance of his order of that date, drawn at sight, and by acceptance made payable on the 16th of February following, in favor of C. Page for the use of Mandeville, for 64 dollarsneither of which has been paid. The Union Bank transacts its business in Georgetown, in the county of Washington.

On the 28 of February, 1811, Mandeville inserted an advertisement in the Alexandria Gazette, cautioning all persons against receiving assignments of any notes given by him to Nourse, as he had discounts against them.

Mandeville, in the Court below offered to sctt-off the note and acceptances of Nourse, against his own note upon which the suit was brought; but upon the special verdict, the Court below rendered judgment against him for its whole amount; and he brought his writ of error.

By the laws of Virginia, in force in the county of Alexandria, the Defendant is allowed to sett-off against the assignce of a promissory note any just claim which he had against the original payce before notice of the assignment of the note.

But by the laws of Maryland, in force in the county of Washington, a promissory note, payable to order, is subject to the same rules as in England under the statute of Anne.

On behalf of the Plaintiff in error, it was contended that the note, being made at Alexandria and to be paid there, was to be governed by the laws of Virginia, and that as he held Nourse's note, before he had notice of