Copp v. M'Dugall
Massachusetts Supreme Judicial Court
The declaration, which was in case, contained several counts. The first was as endorsee against the defendant as endorser of a promissory note, made by one James Rounds, dated September 4, 1805, for fifty-three dollars, payable, with interest, to the defendant or his order in two years from the date, with an averment of a demand on Rounds, his refusal to pay, and notice thereof to the defendant.
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The declaration, which was in case, contained several counts. The first was as endorsee against the defendant as endorser of a promissory note, made by one James Rounds, dated September 4, 1805, for fifty-three dollars, payable, with interest, to the defendant or his order in two years from the date, with an averment of a demand on Rounds, his refusal to pay, and notice thereof to the defendant. Another count alleged that the defendant, at, &c., on, A trial was had upon the general issue before Thatcher, J., at the last October term in this county, and a verdict taken by consent for the…
1Opinion of the Court
The action being continued nisi, the opinion of the Court was delivered the next week at Portland by
Sewall, J.
The verdict, in this case, for the plaintiff, was taken by the consent of the parties, and is subject to the two questions which have been argued.
The plaintiff’s demand is as endorsee of a promissory note against *12his immediate endorser ; and whether the action is maintained upon either of the counts in the plaintiff’s declaration, is the first question ‘to be decided.
The defendant’s endorsement is proved. It was a blank endorsement, in the common form, upon a negotiable note, made…
2Cases cited4 opinions
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Martin v. WinslowU.S. Circuit Court for the District of Rhode Island · 1821
- Hopkins v. LiswellMassachusetts Supreme Judicial Court · 1815
- Donaldson v. MeansSupreme Court of the United States · 1791