Johnson v. Brown
Massachusetts Supreme Judicial Court
Contract on a promissory note, dated June 6, 1889, and payable three months after date at any bank in Boston, and indorsed by the defendant.
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Contract on a promissory note, dated June 6, 1889, and payable three months after date at any bank in Boston, and indorsed by the defendant. At the trial in the Superior Court, before Hammond, J., the plaintiff, for the purpose of showing that the note was duly protested for non-payment, offered in evidence a paper, purporting upon its face to be a notarial certificate of one Briggs, with a seal thereon, setting forth that on September 9 he made demand for payment of the note at a certain bank in Boston, and protested the note for non-payment. The defendant contended that there must be some…
1Opinion of the CourtAllen, J.
1. The notarial certificate of protest was competent, without further proof. This has often been so held, in respect to foreign bills. Porter v. Judson, 1 Gray, 175. Pierce v. Indseth, 106 U. S. 546. Browne v. Philadelphia Bank, 6 S. & R. 484. For this purpose, the different States of the Union are deemed foreign to each other, so that a notarial certificate of protest under seal is good on mere production. Townsley v. Sumrall, 2 Pet. 170. Halliday v. McDougall, 20 Wend. 81. Carter v. Burley, 9 N. H. 558, 566. See also Phoenix Bank v. Hussey, 12 Pick. 483. By St. 1880, c. 4, re-enacted in…
2Cases cited7 opinions
- Townsley v. SumrallSupreme Court of the United States · 1829
- State ex rel. Knowlton v. WilliamsWisconsin Supreme Court · 1856
- Pierce v. IndsethSupreme Court of the United States · 1883
- Graham v. AndersonIllinois Supreme Court · 1867
- Halliday v. McDougallNew York Supreme Court · 1838
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Prudential Trust Co. v. HayesMassachusetts Supreme Judicial Court · 1924
- Mumford v. CoghlinMassachusetts Supreme Judicial Court · 1924
- Tobin v. TaintorMassachusetts Supreme Judicial Court · 1918
- Singer Sewing MacHine Co. v. Assessors of BostonMassachusetts Supreme Judicial Court · 1960
- Legg v. VinalMassachusetts Supreme Judicial Court · 1896
3 more not listed; retrieve them via the Exa API.