Page v. Webster
Supreme Judicial Court of Maine
Exceptioxs from the Court of Common Pleas, Whitman C. J. presiding. The action was against the defendant, as indorser of a note, for $1,000, dated Nov. 11, .1835, made by Phinehas Eastman and Lrnie 8f Usher, to the defendant or his order, payable in one year from date with interest, at either of the banks in Portland, and indorsed to tbe plaintiff.
Read the full summary
Exceptioxs from the Court of Common Pleas, Whitman C. J. presiding. The action was against the defendant, as indorser of a note, for $1,000, dated Nov. 11, .1835, made by Phinehas Eastman and Lrnie 8f Usher, to the defendant or his order, payable in one year from date with interest, at either of the banks in Portland, and indorsed to tbe plaintiff. The plaintiff read in evidence the protest of a notary public in Portland, it having been agreed to be admitted in evidence in place of his testimony, from which it appeared, that Nov. 1.4, 1837, he took the note from the Canal Bank in Portland,…
1Opinion of the Court
*253The case was continued for advisemenl, and the opinion of the Court was subsequently drawn up by
Shepley J.
The note was made payable “at either of the banks in Portland and the question arises under the first request, whether it was the duty of the plaintiff, before the note became due, to give notice to the makers, in what bank it might be found when due. The intention of the parties to the contract, if it can be ascertained, is to be carried into effect. Obligations are not to be imposed upon the holder, nor liabilities upon the indorser, which were never designed. This form of a note has…
2Cases cited3 opinions
- Lenox v. ProutSupreme Court of the United States · 1818
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- President of the Bank of United States v. HatchSupreme Court of the United States · 1832
3Cited by5 opinions
- Roberts v. HawkinsMichigan Supreme Court · 1888
- Quillen v. QuigleyNevada Supreme Court · 1879
- Howard National Bank v. ArbuckleSupreme Court of Vermont · 1917
- Michigan State Insurance v. SouleMichigan Supreme Court · 1883
- Prescott v. PerkinsSuperior Court of New Hampshire · 1844