Field v. Nickerson
Massachusetts Supreme Judicial Court
Assumpsit upon two promissory notes, dated January 31st, 1814, one for $2264.56, the other for $ 1472.44, made by Messrs. Redjield fy Beers, payable on demand, with interest, to the defendant or his order', and by him indorsed in blank to the plaintiff.
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Assumpsit upon two promissory notes, dated January 31st, 1814, one for $2264.56, the other for $ 1472.44, made by Messrs. Redjield fy Beers, payable on demand, with interest, to the defendant or his order', and by him indorsed in blank to the plaintiff. The declaration contained various counts ; 1st, against the defendant as indorser ; 2d, as on a joint and several note by Redjield 8f Beers and the defendant; 3d, as on a special contract by the defendant, that, if the plaintiff would lend the amount to Redfield &/• Beers, the defendant would pay him, if Redjield &/■ Beers should fail to do…
1Opinion of the Court
The opinion of the Court was delivered at this term, by
Parker, C. J.
The defendant in this action is charged as indorser of a promissory note, made payable to him or order, by Rcdfield, Beers, on demand, dated the 31st of January, 1814, and indorsed to the plaintiff on the same day. A demand upon the maker, and notice to the indorser upon non-payment, are averred in the declaration. By the facts reported it appears, that no demand was made upon the promissors, until the 23d of September following, which was nearly eight months after the date of the note. The jury were instructed, that, to…
2Cited by47 opinions
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Merritt v. . ToddNew York Court of Appeals · 1861
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Estate of Philpott v. PhilpottSupreme Court of Iowa · 1915
- Thurston v. M'KownMassachusetts Supreme Judicial Court · 1810
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