Union Bank v. Stone
Supreme Judicial Court of Maine
On Exceptions to the ruling of Kent, J., at Nisi Prius, and on a motion for a new trial. Assumpsit against the defendant as indorser of a note of hand dated March 21, 1856. The defence was, want of notice. Nathaniel Badger, notary public, called by the plaintiffs, testified that he had the note in suit on the last day of grace; made a demand on the principal, and he did not pay it; made notices to the indorsers.
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On Exceptions to the ruling of Kent, J., at Nisi Prius, and on a motion for a new trial. Assumpsit against the defendant as indorser of a note of hand dated March 21, 1856. The defence was, want of notice. Nathaniel Badger, notary public, called by the plaintiffs, testified that he had the note in suit on the last day of grace; made a demand on the principal, and he did not pay it; made notices to the indorsers. It being admitted that the defendant had been duly notified to produce at the trial the notice served on him, the witness was permitted, against the defendant’s objections, to exhibit…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
This is an action against the defendant as an indorser. To prove notice, the plaintiffs introduced the notarial records of Nathaniel Badger, a notary public, and called said Badger, who testified that he made out notices to the defendant, a copy of which was in his book of records and was in due form; that he gave them to Benja*598min S. Swift, then in his employ, to deliver to the defendant, on the last day of grace; that, after he had delivered notices, or had been informed by Swift that he had delivered them, his notarial records were made…
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- Palmer v. NissenDistrict Court, D. Maine · 1966
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