Shepard v. Hawley
Supreme Court of Connecticut
THIS was an action of assumpsit against the defendants as indorsers of a promissory note. The cause was tried at Hartford, February term 1815, before Trumbull, Baldwin, and Ingersoll, Js. On the trial, it appeared that the note was made payable to Hawley and Loomis, and by them indorsed. The first ground of defence was, want of notice of non-payment.
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THIS was an action of assumpsit against the defendants as indorsers of a promissory note. The cause was tried at Hartford, February term 1815, before Trumbull, Baldwin, and Ingersoll, Js. On the trial, it appeared that the note was made payable to Hawley and Loomis, and by them indorsed. The first ground of defence was, want of notice of non-payment. The only evidence of notice was an acknowledgment at the bottom of the note in these words : “ Due notice was given me as indorser on this note. A. Loomis.” The defendants contended, that notice to Loomis alone was not sufficient. But the court…
1Opinion of the Court
Swift, Ch. J.
In this case, it is contended, that the joint indorsement of a negotiable note, payable to two or more promisees, constitutes the indorsers partners in that transaction, and that notice of the non-payment of the note to one, is notice to both, as in the case of partners. The only authority to this point is the case of Carvick v. Vickery, Doug. 653, 4. n. It is true, there the court of King’s Bench granted a new trial on that ground ; but on the trial of the cause, Lord Mansfield permitted the defendant to prove the usage, and the jury declared they knew the usage to be otherwise,…
2Cases cited1 opinion
- United States v. NourseU.S. Circuit Court for the District of District of Columbia · 1831
3Cited by6 opinions
- Case v. McKinnisOregon Supreme Court · 1923
- Hubbard v. . MatthewsNew York Court of Appeals · 1873
- Rhind v. HyndmanCourt of Appeals of Maryland · 1880
- Allen v. HarrahSupreme Court of Iowa · 1870
- Northrup v. HarrisonCourt of Appeals of Kansas · 1901
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