MILLER v. AUSTEN ET AL.


54 U.S. 218 (____)

13 How. 218

HENRY MILLER, PLAINTIFF IN ERROR, v. DAVID AUSTEN, WILLIAM S. WILMERDING, AND DAVID AUSTEN, JR., DEFENDANTS.

Supreme Court of United States.


Attorney(s) appearing for the Case

Upon these exceptions the case came up to this court, and was argued by Mr. Fox, for the plaintiff in error, and by Mr. Chase and Mr. Rockwell, for the defendants in error.


Mr. Justice CATRON delivered the opinion of the court.

The only question this case presents that we deem worthy of notice is, whether the paper sued on is a negotiable instrument; it is as follows:

"No. 959. Mississippi Union Bank, Jackson, (Miss.) Feb. 8, 1840. I hereby certify, that Hugh Short has deposited in this bank, payable twelve months from 1st May, 1839, with 5 per cent. interest till due, fifteen hundred...

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