Peirce v. Butler
Massachusetts Supreme Judicial Court
This was an action of assumpsit upon a promissory note, dated January 9, 1813, made and signed by F. &f C. Dickinson, for 1000 dollars, payable to the defendant or his order, in six months after the date, at the Hartford Bank, and endorsed by the defendant.
Read the full summary
This was an action of assumpsit upon a promissory note, dated January 9, 1813, made and signed by F. &f C. Dickinson, for 1000 dollars, payable to the defendant or his order, in six months after the date, at the Hartford Bank, and endorsed by the defendant. At the trial of the cause, which was had on the general issue, before Jackson, J., at the last May term in this county, it appeared that the defendant and the said F. &f C. Dickinson lived at Northampton when the note was made. The plaintiff then lived at Hartford, in the state of Connecticut, but afterwards, and before the note became…
1Opinion of the CourtJackson, J.
On the first point, which has been argued in this case, we are all of opinion that the direction to the jury, as stated in the report of the trial, was wrong, and that * there must be a new trial.
On examining the depositions referred to in that part of the report, there appears to be no evidence, and, indeed, there is no attempt to prove, that the defendant had any knowledge of the usage and course of business at the Hartford Bank. As the note does not purport to be payable with grace, the demand of payment and notice of non-payment were too late, unless the defendant was bound by that usage.
W…
2Cases cited2 opinions
- Bullock v. CurryCourt of Appeals of Kentucky · 1859
- The ExpressU.S. Circuit Court for the District of Southern New York · 1848
3Cited by12 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Blanchard v. HilliardMassachusetts Supreme Judicial Court · 1814
- Gayle v. BishopSupreme Court of Alabama · 1848
- San Francisco National Bank v. American National Bank of Los AngelesCalifornia Court of Appeal · 1907
- S. F. Nat. Bk. v. American Nat. Bk. of L. A.California Court of Appeal · 1907
7 more not listed; retrieve them via the Exa API.