Harris v. Baker
Massachusetts Supreme Judicial Court
Contract on a negotiable promissory note for $125 made by R. E. Baker of South Sudbury and indorsed by the defendant. Writ dated January 14, 1916. In the Superior Court the case was tried before Morton, J. The material evidence is described in the opinion. The plaintiff, among other requests, asked the judge to make the following rulings: “3. The sending of notice of dishonor of the note to the defendant by the plaintiff rendered the defendant liable.
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Contract on a negotiable promissory note for $125 made by R. E. Baker of South Sudbury and indorsed by the defendant. Writ dated January 14, 1916. In the Superior Court the case was tried before Morton, J. The material evidence is described in the opinion. The plaintiff, among other requests, asked the judge to make the following rulings: “3. The sending of notice of dishonor of the note to the defendant by the plaintiff rendered the defendant liable. “4. The defendant is liable as indorser.” The judge refused to make either of these rulings, and ruled that the notice given did not constitute…
1Opinion of the CourtRugg, C. J.
The single question presented by this record is whether seasonable notice of non-payment was given to the defendant to hold her as an indorser upon a promissory note. The facts are that the note was deposited by the plaintiff, who was a holder for value, with the Liberty Trust Company for collection, and was duly protested for non-payment on Friday, October 1, 1915. Notice was sent to the plaintiff, together with another notice addressed to the defendant. These notices were received by the plaintiff on Saturday, October 2. The notice addressed to the defendant at her residence in Somerville…
2Cases cited3 opinions
- First National Bank v. MillerWisconsin Supreme Court · 1909
- Mackintosh v. GibbsSupreme Court of New Jersey · 1911
- Farmers National Bank v. HowardWest Virginia Supreme Court · 1912