Legal Opinion

Bond v. Farnham

Massachusetts Supreme Judicial Court

Decided March 15, 1809PublishedCited by 34 opinions

Assumpsit by the plaintiffs as endorsees against the defendant ns endorser of a promissory note dated February 28th, 1807, by which one William Barker, for value received, promised the defendant, to pay him or his order 269 dollars, 29 cents, in six months from the * date, with interest. The declaration sets [ * 171 ] forth an endorsement by the defendant to the plaintiffs, a demand on Barker, and notice to the defendant on the 28th of August, 1807.

1Opinion of the Court

The opinion of the Court was afterwards delivered by

Parsons, C. J.

Twc objections are made to the verdict — that no demand had been made on the maker after the note became due; — and that the defendant had not seasonable notice that the note was unpaid.

The facts agreed are, that, on the day the note was payable, a demand in writing was left with a lad at a store formerly occupied by the maker, but that, at that time, neither the store was in his occupation, nor the lad in his service; that the maker before that time had stopped payment, was insolvent, and continues so to be, but that he had…

2Cases cited2 opinions

  1. Farnum v. FowleMassachusetts Supreme Judicial Court · 1815
  2. Sandford v. DillawayMassachusetts Supreme Judicial Court · 1813

3Cited by34 opinions

  1. Commercial Bank v. HughesNew York Supreme Court · 1837
  2. Mechanics' Bank of N. Y. v. GriswoldNew York Supreme Court · 1831
  3. Barton v. BakerSupreme Court of Pennsylvania · 1815
  4. Stephenson v. PrimroseSupreme Court of Alabama · 1838
  5. Leffingwell v. WhiteNew York Supreme Court · 1799

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