United States Supreme Court Cases & Opinions

U.S. Supreme Court

Allen v. McVeigh, 107 U.S. 433 (1883)

Allen v. McVeigh

Decided April 16, 1883

107 U.S. 433

Syllabus

1. Where, in an action brought in a court of Virginia against an endorser of promissory notes payable August, 1861, at Alexandria in that state, the point in controversy being as to the sufficiency of the notices of dishonor, and the court decided in substance that by the general principles of commercial law, if, during the late civil war, he abandoned his residence in loyal territory and went to reside permanently within the Confederate lines before the note matured, a notice left at his former residence was not sufficient to charge him, if his change of residence was known, or by the exercise of reasonable diligence might have been known, to the holder of the note when it matured, held that no federal question was raised by the decision.

2. Where the plaintiff's prayer for instructions relates also to the Virginia ordinance of secession and the proclamations of the President of April, 1861, and Aug. 16, 1861, but, as the case stood upon the evidence, neither of them was involved, and no title, right, privilege, or immunity thereunder was claimed by either party, held that the prayer was properly refused, and, the only federal question thereby sought to be raised having been correctly disposed of, this Court cannot consider the other errors assigned.

The case is fully stated in the opinion of the Court.