Dennie v. Walker
Superior Court of New Hampshire
This case was assumpsit against the defendant as endorser of two promissory notes, dated April 17th, 1832. The notes were made and signed at Portsmouth, by William Walker, a son of the defendant, and were drawn payable to the defendant, or his order, and by him endorsed to the plaintiff. One of said notes was payable in twelve months from its date, the other in eighteen months.
Read the full summary
This case was assumpsit against the defendant as endorser of two promissory notes, dated April 17th, 1832. The notes were made and signed at Portsmouth, by William Walker, a son of the defendant, and were drawn payable to the defendant, or his order, and by him endorsed to the plaintiff. One of said notes was payable in twelve months from its date, the other in eighteen months. At the time said notes were made, the maker and endorser were residents of Portsmouth, and the plaintiff was a resident of Boston ; and the several parties retain the same residence. The plaintiff proved, that on the…
1Opinion of the Court
üphám, J.
In this cáse, an .attempt is made to hold the endorser of the' note, liable, without a demand upon the maker. No excuse is rendered why demand was not made upon the maker, except that he was absent on a whaling voyage at the time the note became due ; but it is admitted that his residence remained unchanged, and that his family still continued to reside in Portsmouth.
A removal without’ the bounds of-the government, after the making of a note, and before it becomes due, and where no place of payment of the note is specified, renders a demand, upon-the maker unnecessary ; but this is…
2Cases cited8 opinions
- Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
- McGruder v. Bank of WashingtonSupreme Court of the United States · 1824
- Bussard v. LeveringSupreme Court of the United States · 1821
- President, Directors, & Co. v. PageMassachusetts Supreme Judicial Court · 1812
- Anderson v. DrakeNew York Supreme Court · 1817
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Zachery v. BrownSupreme Court of Arkansas · 1856
- Caldwell v. PorterSuperior Court of New Hampshire · 1845
- Fletcher v. ThompsonSupreme Court of New Hampshire · 1875
- Lawrence v. LangleySuperior Court of New Hampshire · 1843