Shelburne Falls National Bank v. Townsley
Massachusetts Supreme Judicial Court
Contract on two promissory notes signed by Charles W. Stoekbridge, payable to the order of Franklin Ballard, indorsed by Ballard and the defendant, and discounted by the plaintiffs for Ballard. The answer set up want of notice to the defendant of the presentment and dishonor of the notes.
Read the full summary
Contract on two promissory notes signed by Charles W. Stoekbridge, payable to the order of Franklin Ballard, indorsed by Ballard and the defendant, and discounted by the plaintiffs for Ballard. The answer set up want of notice to the defendant of the presentment and dishonor of the notes. Trial in the superior court before Devens, J., who allowed the following bill of exceptions: “ It appeared that the defendant was an accommodation indorser at the request of Ballard, and for his benefit, and that this fact was known to the bank when the notes were discounted. The only question submitted to…
1Opinion of the CourtAmes, J.
It is not necessary, in order to charge all the indorsers of a dishonored bill or promissory note, that notice should be transmitted to them simultaneously. They may all be made *180severally liable by notices given in regular succession by each indorsee to his immediate indorser. It is aLo unnecessary, in order to make these notices effectual, that each party receiving such a notice should lay all other business aside for the purpose of transmitting a like notice to his immediate predecessor. On the contrary, it is well settled that each party so notified is sufficiently diligent, for the…
2Cases cited2 opinions
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
- Munn v. BaldwinMassachusetts Supreme Judicial Court · 1810
3Cited by14 opinions
- Copren v. State Bar of NevadaNevada Supreme Court · 1947
- Schlobohm v. Police BoardAppellate Court of Illinois · 1984
- Farrow v. Department of Labor & IndustriesWashington Supreme Court · 1934
- Uhlman v. Arnholdt & Schaefer Brewing Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1893
- Wachusett National Bank v. FairbrotherMassachusetts Supreme Judicial Court · 1889
9 more not listed; retrieve them via the Exa API.