Plymouth County Trust Co. v. Scanlan
Massachusetts Supreme Judicial Court
Contract, the first and only material count of the declaration being upon a promissory note for $550 signed by the defendant’s husband and indorsed in blank by the defendant as described in the opinion. Writ dated April 15,1913. In the Superior Court the case was tried before Dubuque, J. The material evidence is' described in the opinion.
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Contract, the first and only material count of the declaration being upon a promissory note for $550 signed by the defendant’s husband and indorsed in blank by the defendant as described in the opinion. Writ dated April 15,1913. In the Superior Court the case was tried before Dubuque, J. The material evidence is' described in the opinion. At the close of the evidence the defendant asked the judge to rule as follows: “1. That upon all the evidence the plaintiff is not entitled to recover upon the first count in its declaration. “2. That the note declared upon by the plaintiff in its first…
1Opinion of the CourtDe Courcy, J.
The main question raised jay the exceptions *73is whether the demand note in suit was presented for payment "within a reasonable time after its issue,” as required by the negotiable instruments law. R. L. c. 73, § 88. The note was made by Maurice A. Scanlan, dated November 29,1910, payable to the order of the plaintiff, and indorsed by the defendant Ellen J. Scanlan, the wife of the maker. On January 29, 1912, it was presented at the trust company for payment, and notice of dishonor was duly sent to the indorser.
The statute expressly provides (§ 209): “In determining what is a ‘reasonable time’…
2Cases cited5 opinions
- Commercial National Bank v. ZimmermanNew York Court of Appeals · 1906
- Merritt v. JacksonMassachusetts Supreme Judicial Court · 1902
- Frazee v. Phoenix National BankCourt of Appeals of Kentucky · 1914
- Anderson v. First National BankSupreme Court of Iowa · 1909
- Toole v. CraftsMassachusetts Supreme Judicial Court · 1907
3Cited by4 opinions
- Kneeland v. EmertonMassachusetts Supreme Judicial Court · 1932
- Kintyre Farmers' Co-op. Elevator Co. v. Midland Nat. BankCourt of Appeals for the Eighth Circuit · 1924
- Arnold v. Potomac Improvement Co.West Virginia Supreme Court · 1937
- Gidzela v. KoziolMassachusetts District Court, Appellate Division · 1938