Goodwin v. Davenport
Supreme Judicial Court of Maine
On Report of the case by Appleton, J., April term, 1860. This was an action of assumpsit against the defendant as indorser of three notes of hand, dated March 31,1853, signed by one Thompson Sleeper, for one hundred dollars and interest, each, payable to the defendant or order, in three, four and five years respectively from their date, and indorsed by the defendant.
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On Report of the case by Appleton, J., April term, 1860. This was an action of assumpsit against the defendant as indorser of three notes of hand, dated March 31,1853, signed by one Thompson Sleeper, for one hundred dollars and interest, each, payable to the defendant or order, in three, four and five years respectively from their date, and indorsed by the defendant. It was in evidence that, on the twentieth day of September, 1858, the defendant sold and delivered to the plaintiff the notes, all being then over due, and assigned to him a mortgage of land in Milford, by which the notes were…
1Opinion of the Court
The opinion of the Court was drawn up by
Rice, J.
The plaintiff claims as indorsee of three promissory notes, signed by one Sleeper, and made payable to the defendant or his order. The notes were indorsed by the defendant in blank, and delivered to the plaintiff after they were over due, in exchange for certain articles of personal property. Twenty-three days after the delivery of the notes, plaintiff made a demand on the maker for payment, which was refused, and the defendant was notified of the refusal the same day.
To charge an indorser on a note negotiated after it is over due, demand must…
2Cases cited4 opinions
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Commonwealth v. MagowanCourt of Appeals of Kentucky · 1858
- Losee v. DunkinNew York Supreme Court · 1810
- Hendricks v. JudahNew York Supreme Court · 1806
3Cited by4 opinions
- Beer v. CliftonCalifornia Supreme Court · 1893
- Colwell v. ColwellOregon Supreme Court · 1919
- Howard Herrin v. N.C. St. L. Ry. Co.Tennessee Supreme Court · 1925
- National Bank v. LindsaySuperior Court of Delaware · 1910