Widgery v. Munroe
Massachusetts Supreme Judicial Court
Assumpsit by the plaintiff, as endorsee of a promissory note made by one Stephen Cummings to the defendants June 30th, 1807, by which he promised to pay them or their order 700 dollars in sixty days with grace, and which was endorsed by them to the plaintiff.
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Assumpsit by the plaintiff, as endorsee of a promissory note made by one Stephen Cummings to the defendants June 30th, 1807, by which he promised to pay them or their order 700 dollars in sixty days with grace, and which was endorsed by them to the plaintiff. The cause came before the Court upon a case stated by the parties, in which it is agreed, that Cummings, before the note became due, stopped payment, and went out of the country; — that, on the first day of grace, the messenger of the Maine Bank, in which the note had been deposited for collection, left the usual bank notification at the…
1Opinion of the Court
Curia.
The first question arising in the case is, whether such notice has, or has not, been given to the defendants, as will charge them as endorsers. In the case of Jones vs. Fales, (1) it was decided that notice to the endorsers was a privilege which they might waive, or which they might agree should be given in any particular way different from that to which they would be entitled by law, and that they should be bound by such agreement; and, furthei, [*451 ] *that this agreement might be inferred by a jury from the endorser’s cognizance of, and conformity to, a general usage as to notice. Upon…
2Cases cited2 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
3Cited by10 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Manning v. WheatlandMassachusetts Supreme Judicial Court · 1813
- The President, Directors, & Co. v. HammattMassachusetts Supreme Judicial Court · 1812
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