Munn v. Baldwin
Massachusetts Supreme Judicial Court
This action was assumpsit by the plaintiff, as endorsee of a bill of exchange, drawn in Boston by Meriam & Perry, merchants in South Carolina, on Justin Smith, merchant in Philadelphia, in favor of the defendants, and by them regularly endorsed to the plaintiff. The action came before the Court on facts agreed by the parties in a case stated by them.
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This action was assumpsit by the plaintiff, as endorsee of a bill of exchange, drawn in Boston by Meriam & Perry, merchants in South Carolina, on Justin Smith, merchant in Philadelphia, in favor of the defendants, and by them regularly endorsed to the plaintiff. The action came before the Court on facts agreed by the parties in a case stated by them. The only question arising on the facts is, whether notice of the protest for the non-payment of the bill in Philadelphia was given to the defendants in Boston, so as to make them liable as endorsers. The facts agreed are, that the notary public…
1Opinion of the CourtParsons, C. J.
The only question in this action is, whether the defendants had legal notice of the protest for non-payment of the bill of exchange. After taking a little time to advise, we are all of opinion that the notice is prima facie sufficient. The holder of the bill made use of the usual mode of conveying notice, by putting the letter containing it into the post-office ; and a mode to which the endorsers must be considered as assenting, or the negotiating of bills payable at a distance would be greatly embarrassed, if not obstructed. For who would buy a bill, to be presented for payment in a remote…
2Cases cited1 opinion
- Stanton v. BlossomMassachusetts Supreme Judicial Court · 1817
3Cited by9 opinions
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Shelburne Falls National Bank v. TownsleyMassachusetts Supreme Judicial Court · 1869
- Cuyler v. NellisNew York Supreme Court · 1830
- Eagle Bank at Providence v. HathawayMassachusetts Supreme Judicial Court · 1842
- Woodman v. JonesSuperior Court of New Hampshire · 1836
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