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1 John Smith, Plaintiff in Error, vs. Daniel Fisher, Dft. in Error. S. C. March Term, 1854. No. 48. Paper Book of Plaintiff in Error 1854

handle is hein.trials/adip0001 and id is 1 raw text is: JOHN SMITH, Plaintiff in Error,) S. C. VS . MARCH TERM, 1854. DANIEL FISHER, Dft. in Error. No. 48. PAPER BOOK OF PLAINTIFF IN ERROR. History of the Case. This is a Writ of Error to the Court of Common Pleas for the City and County of Philadelphia. In that Court John Smith appealed from the judgment of Alderman Scott, obtained April 1st, 1853, for $44 72, and costs. Daniel Fisher declared against him upon a certain promissory note made by one Stephen McGowan, and endorsed by John Smith. Defendant pleaded non assumpsit. Payment set off, with leave &c. This case was tried October 31, 1853, before Judge Kelley. The only question in the case was, whether the Piff. showed due diligence in making a demand of the maker and giving notice to the endorser. The notary testified that he had no recollection of what he did in this particular matter-his uniform custom being to in- quire of the bank clerks, look in the directory, and inquire of his acquaintances if they knew such persons. He believed he pursued that course in this instance ; and then, without further search, that he sent the note to the endorsee, saying that he was unable to find the endorser.

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