Parker v. Kellogg
Massachusetts Supreme Judicial Court
Contract, upon four promissory notes, one for $1,000, dated August 7, 1885, and due October 2, 1885 ; one for $550, dated September 8, 1885 ; and two for $200 each, dated respectively September 19 and September 26, 1885; the last three notes being due October 1, 1885. At the trial in the Superior Court, before Dewey, J., it appeared in evidence that the notes were all made by one Patrick Hart, and indorsed before delivery by the defendant. October 1, 1885, was Thursday.
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Contract, upon four promissory notes, one for $1,000, dated August 7, 1885, and due October 2, 1885 ; one for $550, dated September 8, 1885 ; and two for $200 each, dated respectively September 19 and September 26, 1885; the last three notes being due October 1, 1885. At the trial in the Superior Court, before Dewey, J., it appeared in evidence that the notes were all made by one Patrick Hart, and indorsed before delivery by the defendant. October 1, 1885, was Thursday. The defendant contended that no demand for paj^ment of the notes was made upon the maker thereof when the same came due, or…
1Opinion of the CourtField, C. J.
The letters of the defendant to the plaintiff admitted in evidence are almost unintelligible when taken in connection with the meagre statement of facts contained in the bill of exceptions. One of the letters is dated on the day when the last three notes declared on were made payable, and the other letter is dated on the day when the first note was made payable. As days of grace are to be allowed on all the notes, the letters were apparently written before any one of the notes was actually payable; but the letters indicate that the defendant *93had some knowledge of the business of Hart, the…
2Cited by2 opinions
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
- Lewiston Trust & Safe Deposit Co. v. ShackfordMassachusetts Supreme Judicial Court · 1913