President of Malden Bank v. Baldwin
Massachusetts Supreme Judicial Court
Action of contract on a promissory note made by a resident of Vermont, and payable “ at bank in Boston ” to the order of the defendant, and by him indorsed.
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Action of contract on a promissory note made by a resident of Vermont, and payable “ at bank in Boston ” to the order of the defendant, and by him indorsed. At the trial in the superior court of Suffolk, the only demand of paymenf upon the makers that was proved was, that the note was presented for payment by a notary public on the day of its maturity at the Suffolk Bank in Boston; and the notary was answered “ no funds” at said bank; whereupon he protested the same, and notified the defendant as indorser. The defendant contended that this did not in law amount to a sufficient demand upon the…
1Opinion of the CourtBigelow, J.
We think it very clear that the stipulation in the note declared on, making it payable “ at bank in Boston,” which is the same in effect as if it had been payable at any bank in Boston, was not inserted for the benefit of the maker. His liability was fixed and absolute, whether the note was *155presented for payment or not. Carter v. Smith, 9 Cush. 321. The object of the stipulation therefore was to accommodate the payee or holder by giving to him the right to elect the place at which the note should be presented in order to charge the other parties liable thereon. North Bank v. Abbot, 13 Pick.…
2Cases cited2 opinions
- Mason v. FranklinNew York Supreme Court · 1808
- Jackson v. PackerSupreme Court of Connecticut · 1839