
    THOMAS FERNON, Indorsee of JNO. LYNCH vs. THOMAS FARMER’S Administrator.
    The words “or order” or words tantamount, necessary to make a note negociable.
    Assumpsit on promissory note. Indorser vs. Maker. Pleas. Non assumpsit; payment and discount; Act of Liminations and plene administravit. Reps, and issues.
    Plff. proved the execution of the note and the indorsement to him, and a promise, by the deft’s, intestate, after the indorsement, to pay the note to plff.
    
      Hamilton, for deft, moved a nonsuit.
    The note declared on is a note payable to Thomas Lynch, or order. The note proved, is payable to Thomas Lynch, but not to his order. This is a fatal variance.
    
      Bayard suggested that the words “or order,” might be stricken out without affecting the instrument; if so, it is mere surplusage.
    
      Wales replied, that it was of substance and material. ' Chitty on Bills, 140.
    
      J. A. Bayard, for plff.
    
      Hamilton and Wales, for deft»
   The question was, whether the words “or order” were necessary to make the note negociable, and the court being of that opinion,

Nonsuited the plff.  