Church v. Barlow
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note dated October 1st, 1828, signed by Abiel K. Botsford, payable in four months, to the order of Paul A. Sabbaton, and indorsed successively by Sabbaton, Tarsus Botsford & Co., J. & A. Hawley, William B. Barlow, and Bradley & Church, and lastly by Charles Spencer, cashier, payable to the order of John Fleming, cashier, Fleming being the cashier of a bank at New York.
Read the full summary
Assumpsit on a promissory note dated October 1st, 1828, signed by Abiel K. Botsford, payable in four months, to the order of Paul A. Sabbaton, and indorsed successively by Sabbaton, Tarsus Botsford & Co., J. & A. Hawley, William B. Barlow, and Bradley & Church, and lastly by Charles Spencer, cashier, payable to the order of John Fleming, cashier, Fleming being the cashier of a bank at New York. At the trial, before Putnam J., it appeared, that payment was demanded of the maker in New York by a notary public, on February 4th, 1829, and refused. Notice from the notary, of non-payment, was put…
1Per curiam
The notice sent to Lenox by the notary, that not being the place of the defendant’s residence, was not sufficient to charge him as indorser. But we think that the notice sent to the defendant at Lee, through the Phoenix bank, was sufficient. It has been determined, that where a bill or note has been transmitted by the holder to an agent for collection, and it is presented by the agent and dishonored, if the protest or other evidence of dishonor is transmitted by the agent to his principal, and by him seasonably sent to the indorser, it is sufficient, although the indorser does not in fact…
2Cases cited6 opinions
- McDonald v. MagruderSupreme Court of the United States · 1830
- Colt v. NobleMassachusetts Supreme Judicial Court · 1809
- Bank of the United States v. GoddardU.S. Circuit Court for the District of Massachusetts · 1829
- Talcott v. CogswellConnecticut Superior Court · 1807
- Hixon v. ReedCourt of Appeals of Kentucky · 1822
1 more not listed; retrieve them via the Exa API.