Gordon v. Third Nat. Bank of Chattanooga

Citations

• 144 U.S. 97
• 12 S. Ct. 657
• 36 L. Ed. 360
• 1892 U.S. LEXIS 2058

Syllabus

<p>In an action brought in the Circuit Court of the United States in Alabama the complaint described the plaintiff as a bank organized in accordance with the laws of the United States and as doing business in Tennessee, and the defendant as residing in the State of Alabama. The summons described the plaintiff as “ a citizen of the State of Tennessee,” and the defendant “as a citizen of the State of Alabama.” The question of. jurisdiction was raised for the first time in this court. Held, that although greater care should have been exercised, by plaintiffs in the averments, the diverse citizenship of the parties appeared affirmatively and with sufficient distinctness in the record.</p> <p>A promissory note payable to the order of the maker, being endorsed by him, was endorsed and delivered to another for his accommodation. .The latter endorsed it and borrowed money upon it, waiving demand and protest. The waiver was stamped upon the back of .the note by mistake over both endorsements. Held, that the liability of the maker was not affected thereby.</p> <p>The evidence in this case does not tend to show a contract of extension for a valid consideration, and for a definite and certain time, binding upon the parties, and changing the nature of the contract to the prejudice of the maker of the note.</p>