Farrington v. Brown
Superior Court of New Hampshire
This was assumpsit against the defendant, as endorser of a note, dated April 1st, 1828, for $88 32, against one Jonathan Brown, drawn payable to the defendant, or his order, in sixty days and grace, and by him endorsed. The writ contained two counts. The first count was in the usual form, against the defendant as endorser of the note, and alleged demand and notice.
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This was assumpsit against the defendant, as endorser of a note, dated April 1st, 1828, for $88 32, against one Jonathan Brown, drawn payable to the defendant, or his order, in sixty days and grace, and by him endorsed. The writ contained two counts. The first count was in the usual form, against the defendant as endorser of the note, and alleged demand and notice. The second count alleged that the defendant, on the 15th of July, 1828, in consideration that the plaintiffs would forbear, and give day of payment to the promissor on said note, promised the plaintiffs to pay said note : and the…
1Opinion of the CourtUpham, J.
The en-dofser of a note becomes liable for its payment after due demand is made upon the maker of the note, and seasonable notice is given to the endorser of its non-payment. But if *273these measures are not taken to fix the liability of the endorser, he becomes fully exonerated, as much as if his name had never been upon the note.
There are cases where the endorser of a note is liable without demand and notice, as where the money raised upon the note is received by the endorser, and he is the person ultimately liable to pay : where he has been indemnified by security : and, in case of the drawer…
2Cases cited9 opinions
- Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
- Miller v. HackleyNew York Supreme Court · 1810
- Pierson v. HookerNew York Supreme Court · 1808
- Trimble v. ThorneNew York Supreme Court · 1819
- Martin v. WinslowU.S. Circuit Court for the District of Rhode Island · 1821
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3Cited by5 opinions
- Woodman v. EastmanSuperior Court of New Hampshire · 1839
- New-Hampshire Savings Bank v. ColcordSuperior Court of New Hampshire · 1844
- Merrimack County Bank v. BrownSuperior Court of New Hampshire · 1841
- Davis v. GowenSupreme Judicial Court of Maine · 1840
- Haynes v. ThomSuperior Court of New Hampshire · 1854