Phipps v. President of the Millbury Bank
Massachusetts Supreme Judicial Court
This was an action to recover the amount of a promissory note for $254, signed by D. G. Chase and H. O. Brown, dated March 29th 1842, payable to Silas Chase, or order, at the Mill-bury Bank, in six months after date, and indorsed in blank by said Silas. The parties agreed on the following facts : “ The plaintiffs, being holders and owners of said note, indorsed it in blank, and left it at the Suffolk Bank in Boston for collection.
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This was an action to recover the amount of a promissory note for $254, signed by D. G. Chase and H. O. Brown, dated March 29th 1842, payable to Silas Chase, or order, at the Mill-bury Bank, in six months after date, and indorsed in blank by said Silas. The parties agreed on the following facts : “ The plaintiffs, being holders and owners of said note, indorsed it in blank, and left it at the Suffolk Bank in Boston for collection. The cashier of that bank having indorsed said note as follows; ‘pay R. B. Chapman, cashier, or order: J. C. Brewer, cashier ; ’ sent it to the Millbury Bank for…
1Opinion of the CourtHubbard, J.
The object of the present suit is to charge the defendants with negligence in not duly giving notice to the first indorser of a note sent to them for collection, in consequence of which the indorser was discharged. The counsel for the plaintiffs contend, that the defendants were bound to give proper notice to all the indorsers, and that, failing in this duty, they are liable for the damages. As no special agreement is shown in the present instance, the case is to be decided upon the principles of the mercantile law regulating bills of exchange and promissory notes.
The note was the property of…
2Cases cited4 opinions
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Colt v. NobleMassachusetts Supreme Judicial Court · 1809
- Mead v. EngsNew York Supreme Court · 1826
- Bank of the United States v. GoddardU.S. Circuit Court for the District of Massachusetts · 1829
3Cited by3 opinions
- Gleason v. ThayerSupreme Court of Connecticut · 1913
- Simon v. Peoples Bank & Trust Co.Supreme Court of New Jersey · 1936
- Blue Ribbon Garage, Inc. v. BaldwinSupreme Court of Connecticut · 1917