Maine Bank v. Smith
Supreme Judicial Court of Maine
Assumpsit against the defendant, as indorser of three promissory notes, of which, one was dated May 5, 1836, given by William McLellan to the defendant, and indorsed by him and by J. W. Appleton, for $1200, payable in sixty days; another dated May 14, 1836, for $250, payable in sixty days, given by McLellan to the defendant, and by him indorsed; and the third dated June 9, 1836, for $75, payable on demand, made by McLellan, payable to Smith, the defendant, and indorsed by…
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Assumpsit against the defendant, as indorser of three promissory notes, of which, one was dated May 5, 1836, given by William McLellan to the defendant, and indorsed by him and by J. W. Appleton, for $1200, payable in sixty days; another dated May 14, 1836, for $250, payable in sixty days, given by McLellan to the defendant, and by him indorsed; and the third dated June 9, 1836, for $75, payable on demand, made by McLellan, payable to Smith, the defendant, and indorsed by him. At the trial before Siiepley J., after the proof of certain facts by the respective parties, of which a sufficient…
1Opinion of the Court
The opinion of the Court — Emery J. being interested, and therefore taking no part in the decision — was prepared by
Shepley J.
A written notice, demanding payment of the two notes first named, was sent, at the proper time, to the dwellinghouse of the maker, but the notes remained in the bank. The residence of the maker was in the city. The plaintiffs were permitted to introduce evidence, that such was the invariable usage of the bank, respecting inland bills and notes; and that the maker and the defendant had done business at the bank. The counsel for the defendant objected to the introduction…
2Cases cited8 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- President, Directors, & Co. v. PageMassachusetts Supreme Judicial Court · 1812
- Whitwell v. JohnsonMassachusetts Supreme Judicial Court · 1821
- Blanchard v. HilliardMassachusetts Supreme Judicial Court · 1814
- Widgery v. MunroeMassachusetts Supreme Judicial Court · 1810
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Porter v. East Jordan Realty Co.Michigan Supreme Court · 1920