Bank of South-Carolina v. M'Willie

Curia per

Colcock, J.
Wé concur with the presiding Judge in this case. The nonsuit was very properly ordered; for the power to renew did not authorize Cree" *439to alter the form of the note, so as to change the respective responsibilities of the parties, which he has most unquestionably dono, Chitty, SO to SI I do not think that it was ever doubted before, that the indorsers of a note are liable in the order in which they indorse ; and that it very often happen*; that notes are indorsed by a second or third indorser more on the reliance, which is placed on the responsibility of the preceding indorser, than on that of the maker of the note. , The motion is dismissed.

Nott, J.
I concur with the presiding Judge in this case, that the attorney acted without authority, and therefore the nonsuit was properly granted. But how far one indorser is answerable over to another on an accommodation note, I express no opinion.

JohwsoN, J. concurred with the observations made by Mr. J ustice Nott. Nonsuit confirmed.