Blake v. Sewell
Massachusetts Supreme Judicial Court
This action was broúght on a promissory note, made by Wilson to Sewell, dated June 1st, 1796, for 1973 dollars, 89 cents, payable to him or order in sixty days. Sewell endorsed it to Pomeroy, and he endorsed it in blank, delivered it over to Rogers for a valuable consideration, who lodged it in the United States’ Bank for collection.
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This action was broúght on a promissory note, made by Wilson to Sewell, dated June 1st, 1796, for 1973 dollars, 89 cents, payable to him or order in sixty days. Sewell endorsed it to Pomeroy, and he endorsed it in blank, delivered it over to Rogers for a valuable consideration, who lodged it in the United States’ Bank for collection. Pomeroy, within the days of grace, paid the contents into the bank, and took out the note with an endorsement thereon as follows, “ United States’ Bank, paid by Pomeroy, August 2, 1796,” and afterwards delivered it to Blake, the plaintiff, who brought this action…
1Opinion of the Court
The defendant’s counsel made three points in the case. First, that when a negotiable note or bill of exchange is once paid, it is no longer negotiable; second, that when such a note or bill is overdue, that is, has become payable, and is afterwards endorsed, such subsequent endorsee must take it on the credit of his endorser only; and, third, that any prior party, whether drawer or endorser, shall .have every advantage against such subsequent endorsee, which he could have had against his endorser.
The defendant’s counsel moved the Court,- and was permitted to give in evidence, that the…
2Cases cited1 opinion
- Boylston v. GreeneMassachusetts Supreme Judicial Court · 1812
3Cited by12 opinions
- Wallace v. Branch BankSupreme Court of Alabama · 1840
- Guild v. EagerMassachusetts Supreme Judicial Court · 1822
- Cochran v. WheelerSuperior Court of New Hampshire · 1834
- French v. JarvisSupreme Court of Connecticut · 1860
- Tarbell v. WhitingSuperior Court of New Hampshire · 1829
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