
    Erskine v. M'Lendon.
    i'ayee of bill after acceptance, maltes a special endorsement: not liable thereon to a remote endorsee.
    A bill of exchange on Searcy, in favor of Erskine for ¡S80, drawn on 25th September, 1819, was accepted on 1st April, 1821. On 24th October, 1822, Erskine assigned it to Arthur M. Henderson by a special endorsement, making himself responsible if the drawee should prove insolvent. Henderson by precisely a similar endorsement, transferred it to MbLendon, who thereupon brought his action and recovered a judgement against Erskine in Madison County Court. Erskine here assigned as error; that the declaration does not shew any privity of contract, between plaintiff and defendant.
   JUDGE WHITE

delivered the opinion of the Court.

The special endorsement was a special agreement between the endorser who made it and bis immediate en-dorsee, and could enure to the benefit of no other person, unless with the privity and consent of the special endorser. So far from this assent being shewn, the inference that it was given, is excluded by the facts in the case. McLen-don took the bill with the special endorsement of Henderson interposing between him and the liability of the first endorser. Erskine by his contract restricted his liability upon the general principles of mercantile law, and there was no privity between him and M‘Lendon. Let the judgement be reversed.

M1Kinley and Hopkins, for plaintiff in error.  