Tower v. Durell
Massachusetts Supreme Judicial Court
This action was assumpsit against the defendant, as endorser of a note made by George Jackson, dated the 12th of February, 1810, by which he promised to pay the defendant, or his order, 358 dollars 44 cents in eight months after date. The plaintiff avers in the declaration, that the note fell due on the 13th of October, 1810, and that a demand was made on the maker of the note, and notice given to the defendant on that day.
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This action was assumpsit against the defendant, as endorser of a note made by George Jackson, dated the 12th of February, 1810, by which he promised to pay the defendant, or his order, 358 dollars 44 cents in eight months after date. The plaintiff avers in the declaration, that the note fell due on the 13th of October, 1810, and that a demand was made on the maker of the note, and notice given to the defendant on that day. The cause was tried on the general issue, before Thatcher, J., at the last March term in this county; and a verdict found for the plaintiff, subject to the opinion of the…
1Opinion of the Court
By the Court.
In this case, it has been contended, for the plaintiff, that there was sufficient evidence of a demand * on the maker of the note. But the only evidence of the fact was the confession of the defendant, not of the fact, but that the maker of the note had informed him of the fact. Now, that declaration of the maker, if it had been made in open Court at the trial of the cause, would not have been evidence of the fact. Certainly, then, it cannot be evidence, when produced in this circuitous manner.
Then it was urged that the defendant had waived his claim of a demand and notice. We…
2Cited by8 opinions
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- Prentiss v. DanielsonSupreme Court of Connecticut · 1823
- Sandford v. DillawayMassachusetts Supreme Judicial Court · 1813
- Richter v. SelinSupreme Court of Pennsylvania · 1822
- Farrington v. BrownSuperior Court of New Hampshire · 1834
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