Harrison v. Bailey
Massachusetts Supreme Judicial Court
Contract on a promissory note dated September 1, 1866, made by Hannah Post and Levi Post, payable on January 1, 1867, to the order of the defendant Bailey, and by him indorsed to the plaintiffs. The declaration alleged the failure of the makers to pay the note at maturity; and that due notice of its nonpayment was given to Bailey.
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Contract on a promissory note dated September 1, 1866, made by Hannah Post and Levi Post, payable on January 1, 1867, to the order of the defendant Bailey, and by him indorsed to the plaintiffs. The declaration alleged the failure of the makers to pay the note at maturity; and that due notice of its nonpayment was given to Bailey. At the trial in the superior court, before Devens, J., the jury found for the plaintiffs; and Bailey alleged exceptions, of which the following is the material part: “ The only .question in the case arose concerning Bailey’s liability. No evidence was offered to…
1Opinion of the CourtHoar, J.
It has been settled by a series of decisions, in this Commonwealth, that, in an action by the indorsee against the indorser of a promissory note, evidence of a waiver of demand and notice is sufficient to support an averment in the declaration of demand and notice. The case most expressly to the point is Taunton Bank v. Richardson, 5 Pick. 436, 444; but the doctrine is supported by Jones v. Fales, 4 Mass. 245; City Bank v. Cutter, 3 Pick. 414; North Bank v. Abbot, 13 Pick. 465; Kent v. Warner, 12 Allen, 561. Professor Greenleaf refers to the prac tice in these terms: “ When matter in excuse…
2Cases cited2 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Norton v. LewisSupreme Court of Connecticut · 1818
3Cited by12 opinions
- Thompson v. CurryWest Virginia Supreme Court · 1917
- Parks v. SmithMassachusetts Supreme Judicial Court · 1891
- Carmen v. HigginsonMassachusetts Supreme Judicial Court · 1923
- Third National Bank v. AshworthMassachusetts Supreme Judicial Court · 1870
- Armstrong v. ChadwickMassachusetts Supreme Judicial Court · 1879
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