Hallowell National Bank v. Marston
Supreme Judicial Court of Maine
On report. This was an action against three defendants, Fuller, Marston and McClench, residents of Hallowed, as indorsers of a promissory note payable at Brooklyn, New York, and discounted by the plaintiff bank at Hallowell, in this State. The note was not presented for payment at the place of payment, Mechanics’ Bank, Brooklyn, or notice of its non-payment given to the defendants as indorsers.
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On report. This was an action against three defendants, Fuller, Marston and McClench, residents of Hallowed, as indorsers of a promissory note payable at Brooklyn, New York, and discounted by the plaintiff bank at Hallowell, in this State. The note was not presented for payment at the place of payment, Mechanics’ Bank, Brooklyn, or notice of its non-payment given to the defendants as indorsers. The plaintiff sought, however, notwithstanding the want of protest and the statute of this State requiring a waiver of demand and notice to be in writing duly signed, etc., to hold the defendant,…
1Opinion of the CourtVirgin, J.
Assumpsit against the defendants as indorsers of a promissory note.
Undisputed facts. The plaintiff held the Kennebec Maine Ice Company’s note for $2500 bearing the personal indorsement of the defendant Fuller, who was its treasurer, and of the other defendants, its directors. The note was overdue and the defendants’ liability had become fixed prior to November 1, 1890.
The Kennebec Maine Ice Company held the note of the Ridgewood Ice Company for $2808.05, dated at Brooklyn, N. Y., September 12, 1890, payable in three months, at Mechanics’ Bank, Brooklyn, to the order of John Clark who indorsed…
2Cases cited4 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- Preston v. MannSupreme Court of Connecticut · 1856
- Strong v. EllsworthSupreme Court of Vermont · 1854
3Cited by8 opinions
- People v. Ventura Refining Co.California Supreme Court · 1928
- Forbes v. Wells Beach Casino, Inc.Supreme Judicial Court of Maine · 1973
- PuebloSupreme Court of Puerto Rico · 1921
- Ramos Alvarado v. Tribunal de Distrito de Puerto RicoSupreme Court of Puerto Rico · 1952
- Bell v. WaltonSupreme Judicial Court of Maine · 2004
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