Legal Opinion

Shed v. Brett

Massachusetts Supreme Judicial Court

Decided March 15, 1823Published

Assumpsit on a promissory note made by W. and C. Brett to the defendant, and by him indorsed to the plaintiff, dated the 14th of February, 1822, payable in four months with grace. • At the trial, before Parker C. J., Stephen Codman, a notary public, testified, that at the request of the plaintiff he went with the note, on the last day of grace, to the place of business of the promisors, and demanded payment of one of them ; that on the same day he put a written notice into…

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Assumpsit on a promissory note made by W. and C. Brett to the defendant, and by him indorsed to the plaintiff, dated the 14th of February, 1822, payable in four months with grace. • At the trial, before Parker C. J., Stephen Codman, a notary public, testified, that at the request of the plaintiff he went with the note, on the last day of grace, to the place of business of the promisors, and demanded payment of one of them ; that on the same day he put a written notice into the post-office, directed to the defendant at North Bridgewater, the place of his residence, informing him of the…

1Opinion of the Court

At the following November term the opinion of the Court was delivered by

Parker C. J.

Several questions have been raised by the counsel for the defendant in this case, which are important in their nature, and which the interest of a mercantile community require should be distinctly settled, if they may be considered now as at all doubtful. It would be strange, if, at this late period of knowledge in commercial law, any new principle should be wanted to regulate the daily concerns of merchants with negotiable securities ; if there be any ambiguity remaining, it can only be in regard to the…

2Cases cited12 opinions

  1. Mills v. Bank of United StatesSupreme Court of the United States · 1826
  2. Osborn v. MoncureNew York Supreme Court · 1829
  3. Scott v. M'MillenCourt of Appeals of Kentucky · 1822
  4. Bussard v. LeveringSupreme Court of the United States · 1821
  5. Bank of Geneva v. HowlettNew York Supreme Court · 1830

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