Woodbridge v. Brigham
Massachusetts Supreme Judicial Court
* Assumpsit to recover the contents of a promissory [ *403] note for $ 400, said to have been made by F. At the trial of the action, before Jackson, J., April term, 1814, it appeared in evidence, that the promissors failed and stopped payment on or about the 25th of March, 1813. The note was, on the 29th of March, delivered by the plaintiffs, in Hartford, to an agent of theirs, who on the next day brought it to Northampton, and, on the 31st of said March, in conversation…
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* Assumpsit to recover the contents of a promissory [ *403] note for $ 400, said to have been made by F. At the trial of the action, before Jackson, J., April term, 1814, it appeared in evidence, that the promissors failed and stopped payment on or about the 25th of March, 1813. The note was, on the 29th of March, delivered by the plaintiffs, in Hartford, to an agent of theirs, who on the next day brought it to Northampton, and, on the 31st of said March, in conversation with one of the said promis sors, informed him, that he, the said agent, then had that [*404] note, with others signed * by…
1Opinion of the CourtParker, C. J.
Excluding the day of the date of the note declared on in this case from the computation of the ninety days, in which it was payable, it became due on the 31st of March, 1813. It was decided, in the case of Henry vs. Jones,(1) cited in the argument, and the decision has ever since been adhered to, that a demand must be made on the promissor on the day the note becomes due, or diligence shown to make the demand ; and immediate notice of the failure to pay must be given to the indorser, or he will not be held liable. Where the indorser lives in the same town with the [*405] promissor, he ought to be…
2Cases cited5 opinions
- Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
- President, Directors, & Co. v. PageMassachusetts Supreme Judicial Court · 1812
- Whitwell v. JohnsonMassachusetts Supreme Judicial Court · 1821
- Woodbridge v. BrighamMassachusetts Supreme Judicial Court · 1816
- Henry v. JonesMassachusetts Supreme Judicial Court · 1812
3Cited by8 opinions
- Remington v. HarringtonOhio Supreme Court · 1838
- Hazard v. SpencerSupreme Court of Rhode Island · 1891
- Bank of the United States v. SmithU.S. Circuit Court for the District of District of Columbia · 1822
- North Bank v. AbbotMassachusetts Supreme Judicial Court · 1833
- Raborg v. Bank of ColumbiaCourt of Appeals of Maryland · 1827
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