Gilbert v. Dennis
Massachusetts Supreme Judicial Court
Assumpsit by the indorsee of a promissory note for $700, dated November 1st, 1837, signed by Charles E. Bowers, payable to the defendant, or order, in six months, and by him indorsed.
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Assumpsit by the indorsee of a promissory note for $700, dated November 1st, 1837, signed by Charles E. Bowers, payable to the defendant, or order, in six months, and by him indorsed. At the trial, before Dewey J. the plaintiff called a witness who testified, that on the morning of the 4th of May 1838, Bowers, the maker of the note, called at the plaintiff’s store, where the note was, and stated that he was unable to pay it, and should not pay it, and wished the plaintiff to notify the defendant : That afterwards, at about 11 o’clock, A. M. of the same day, the witness left a notice at the…
1Opinion of the CourtShaw, C. J.
In assumpsit by the indorsee against the indorser of a promissory note, the question is upon the sufficiency of the demand on the promisor, non-payment by him, and nodee to the indorser. Any question, upon which the rights of *496the holders of bills and notes depend, must be deemed a question of importance to the community, and deserves the fullest consideration.
The general rule is clear, that to hold an indorser liable, the law requires the holder, when the note becomes due, to present it to the promisor for payment, and if the promisor neglect or refuse thereupon to make payment, to give…
2Cases cited4 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
- Whitwell v. JohnsonMassachusetts Supreme Judicial Court · 1821
- Bank of Rochester v. GouldNew York Supreme Court · 1832