Freeman v. Boynton
Massachusetts Supreme Judicial Court
This was an action of assumpsit, brought by the plaintiffs as endorsees of a promissory note, dated at Boston, September 4th, 1806, by which one Joseph Boynton promised the defendant to pay him or his order 902 dollars 16 cents in nine months from the date, with interest after six months, and which the defendant endorsed to the plaintiffs. On non-assumpsit pleaded, the cause was tried before Thatcher, J., at the last September term in this county.
Read the full summary
This was an action of assumpsit, brought by the plaintiffs as endorsees of a promissory note, dated at Boston, September 4th, 1806, by which one Joseph Boynton promised the defendant to pay him or his order 902 dollars 16 cents in nine months from the date, with interest after six months, and which the defendant endorsed to the plaintiffs. On non-assumpsit pleaded, the cause was tried before Thatcher, J., at the last September term in this county. At the trial, neither the making nor the endorsement of the note were denied ; the whole question being whether the plaintiffs had used due…
1Opinion of the Court
The opinion of the Court was delivered to the following effect, by
* Parker, J.
The question submitted to the Court [ * 486 J in this case is, whether the plaintiffs have made use of due diligence, in demanding payment of the promisor, and in giving notice to the endorser, so as to make him liable. (Here the judge recited the facts from the report of the trial, and proceeded.)
The demand made by Mr. Merrill, on the ninth or tenth of June, was seasonable; for, as the holders of the note lived in Boston, and the promisor and endorser at Wiscasset, a distance of near two hundred miles, a reasonable…
2Cited by42 opinions
- Roach v. HulingsSupreme Court of the United States · 1842
- Gilpin v. . SavageNew York Court of Appeals · 1911
- Bliss v. CottleNew York Supreme Court · 1860
- Farnum v. FowleMassachusetts Supreme Judicial Court · 1815
- Bank of Columbia v. Magruder's Adm'xCourt of Appeals of Maryland · 1824
37 more not listed; retrieve them via the Exa API.