President of the Berkshire Bank v. Jones
Massachusetts Supreme Judicial Court
The plaintiffs declare on a promissory note made by one Amasa Olesen, on the 21st of October, 1807, by which he promised the defendant to pay him or his order 125 dollars, at the Berkshire Bank, in sixty-one days ; and on an endorsement by the [ * 525 ] defendant, he waiving all right to * the notice, to which, by law or custom, he was entitled as endorser. The plaintiffs also allege a request and refusal by Glesen, the maker, and also notice to the defendant.
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The plaintiffs declare on a promissory note made by one Amasa Olesen, on the 21st of October, 1807, by which he promised the defendant to pay him or his order 125 dollars, at the Berkshire Bank, in sixty-one days ; and on an endorsement by the [ * 525 ] defendant, he waiving all right to * the notice, to which, by law or custom, he was entitled as endorser. The plaintiffs also allege a request and refusal by Glesen, the maker, and also notice to the defendant. The action was tr;ed before Sedgwick, J., who directed a nonsuit, subject to the opinion of the Court, whether it was necessary to the…
1Opinion of the CourtParsons, C. J.
[After reciting the declaration, and stating tne point submitted by the judge’s report.] The defendant has argued that, although he waived notice of a refusal of payment by the maker, yet he did not thereby dispense with a demand upon him; for he might waive the notice from a confidence that the maker would pay the note on demand.
This construction of the waiver we think correct; and the objection would be conclusive, if the endorsement had not been made to the plaintiffs, at whose office the note was to be demanded and paid. The note was payable on a day and at a place certain ; and the place…
2Cited by27 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Peabody Ins. v. Wilson & BeasleyWest Virginia Supreme Court · 1887
- Wolcott v. Van SantvoordNew York Supreme Court · 1819
- Parker v. . StroudNew York Court of Appeals · 1885
- Woodbridge v. BrighamMassachusetts Supreme Judicial Court · 1816
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