The President, Directors, & Co. v. Hammatt
Massachusetts Supreme Judicial Court
This action, being upon the same note as that demanded in the preceding action, was tried at the same term before Thatcher, J., and the same - evidence substantially produced, with the additional-testimony of the postmaster of Bath, where this defendant also lived, tending to prove that a letter of notice from the cashier was received by the mail from Wiscasset, and that it was delivered from the post-office in Bath; but at what time did not appear.
Read the full summary
This action, being upon the same note as that demanded in the preceding action, was tried at the same term before Thatcher, J., and the same - evidence substantially produced, with the additional-testimony of the postmaster of Bath, where this defendant also lived, tending to prove that a letter of notice from the cashier was received by the mail from Wiscasset, and that it was delivered from the post-office in Bath; but at what time did not appear. It was also agreed by the parties in this action, that the defendant, Hammatt, was in the city of Washington at the time the note fell due, and…
1Opinion of the CourtSewall, J.
This action, and the action by the same plaintiffs against Page, are upon one and the same note. And as to evidence of a demand and notice, the same observations apply. But *148whether a demand was made, and notice was given, are questions of fact, for the jury to determine upon the evidence and testimony adduced at the trial. These, as reported, prove a number of cir cumstances, from which, taken together, the jury may lawfully, and perhaps will be induced to presume the requisite demand and notice, which are to be proved in cases of this kind, to enable the holder of a note to recover against…
2Cases cited5 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Blanchard v. HilliardMassachusetts Supreme Judicial Court · 1814
- Peirce v. ButlerMassachusetts Supreme Judicial Court · 1817
- Widgery v. MunroeMassachusetts Supreme Judicial Court · 1810
- Weld v. GorhamMassachusetts Supreme Judicial Court · 1813
3Cited by7 opinions
- Blanchard v. HilliardMassachusetts Supreme Judicial Court · 1814
- Dennie v. WalkerSuperior Court of New Hampshire · 1834
- Varner v. Inhabitants of NobleboroughSupreme Judicial Court of Maine · 1822
- Mechanics Bank v. Merchants BankMassachusetts Supreme Judicial Court · 1843
- Bank of Alexandria v. DenealeU.S. Circuit Court for the District of District of Columbia · 1824
2 more not listed; retrieve them via the Exa API.