Fitchburg Mutual Fire Insurance v. Davis
Massachusetts Supreme Judicial Court
Contract to recover an instalment of $50, due May 80, 1874, and interest, against the indorser of the following promis spry note, signed by Honora May and William May: “ $1035.20. Fitchburg, November 30th, 1869. For value received I promise to pay John E. Davis, or his order, one thousand and thirty-five dollars and twenty cents as follows, to wit: fifty dollars at the expiration of three months from the date hereof, and fifty dollars at the expiration of each and every…
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Contract to recover an instalment of $50, due May 80, 1874, and interest, against the indorser of the following promis spry note, signed by Honora May and William May: “ $1035.20. Fitchburg, November 30th, 1869. For value received I promise to pay John E. Davis, or his order, one thousand and thirty-five dollars and twenty cents as follows, to wit: fifty dollars at the expiration of three months from the date hereof, and fifty dollars at the expiration of each and every three months thereafter until the whole sum of ten hundred and thirty-five dollars and twenty cents is paid, with interest…
1Opinion of the CourtGray, C. J.
By the non-payment of the previous instalments as they fell due, the whole note was dishonored, and subjected to all the defences which existed against it when the holder took it. Vinton v. King, 4 Allen, 562. But the omission to give the indorser notice of the non-payment of those instalments does not affect his liability for a later instalment, of the non-payment of which he has been duly notified.
Notice that payment has been demanded of and refused by the maker is sufficient to charge the indorser, without any express demand upon him. Lewis v. Gompertz, 6 M. & W. 399 King v. Bickley, 2 Q.…
2Cases cited2 opinions
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
- Draper v. MannMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Berkowitz v. KasparewiczSupreme Court of Connecticut · 1936
- Warneke v. PreissnerSupreme Court of Connecticut · 1925
- Chamberlain v. CobbWashington Supreme Court · 1924
- Hopkins v. MerrillSupreme Court of Connecticut · 1907
- Milliken v. DavisMassachusetts Supreme Judicial Court · 1929
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