Howe v. Bradley
Supreme Judicial Court of Maine
. This was assumpsit, against the defendant as indorser of a promissory note signed by B. Cushman, for $1118,67, dated June 15, 1835, and payable in three years with interest annually.
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. This was assumpsit, against the defendant as indorser of a promissory note signed by B. Cushman, for $1118,67, dated June 15, 1835, and payable in three years with interest annually. From the report of the case by Siiepley J. before whom the trial was had, it appeared by the testimony of H. Ilsley, the notary public by whom the note was protested, that on the 18th of June, 1838, he received the note from the cashier of the Maine Bank, with whom it had been left for collection, and presented it in person to the maker and demanded payment, and received for answer that he could not pay it: and…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
The objections made to the plaintiff’s right to recover are: —
1. That the notice to the defendant as indorser was too late. That.the St. c. 272 does not change the rights of an indorser, and that he is entitled to notice at the same time that he would have been without the provisions of that statute. And it is said, that such a construction is necessary, or the provision would be contrary to the provisions of the constitution respecting contracts. The statute was enacted in the year 1824, and this note was made in the year 1835. Parties are presumed to…
2Cases cited8 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
- Fake v. Addy'sCourt for the Trial of Impeachments and Correction of Errors · 1835
- Hastings v. WiswallMassachusetts Supreme Judicial Court · 1812
- Tucker v. RandallMassachusetts Supreme Judicial Court · 1807
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3Cited by7 opinions
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- O'Rear v. SartainSupreme Court of Alabama · 1915
- Gran v. PatanoAppellate Court of Illinois · 1929
- Leisenring v. HarrisonSuperior Court of Pennsylvania · 1931
- State v. TelfordSupreme Judicial Court of Maine · 2010
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