Legal Opinion

Putnam v. Sullivan

Massachusetts Supreme Judicial Court

Decided March 15, 1808PublishedCited by 95 opinions

Case by the endorsees against the endorsers of a promissory note, dated December 1, 1804, payable to the defendants or their order. The action was tried at the last November term, before Parlcer, J., when a verdict was given for the plaintiffs for the amount of the note and interest, subject * to the opinion of the [ *46 ] Court, whether, upon the facts proved, and which were to be reported by the judge, the action could be maintained.

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Case by the endorsees against the endorsers of a promissory note, dated December 1, 1804, payable to the defendants or their order. The action was tried at the last November term, before Parlcer, J., when a verdict was given for the plaintiffs for the amount of the note and interest, subject * to the opinion of the [ *46 ] Court, whether, upon the facts proved, and which were to be reported by the judge, the action could be maintained. If the Court should be of that opinion, judgment to be entered according to the verdict, with additional damages for interest to the time of the judgment; if…

1Opinion of the Court

The opinion of the Court was afterwards delivered as follow's by

Parsons, C. J.

The first objection made by the defendants is founded on a want of a demand of payment on the promisor when the note was payable. As to this objection, the facts are, that, on the first day of grace, which was the last day of February, notice *53was left at the lodgings of the promisor, that the note would be due on the last day of grace, with a request to pay it then; but it also appears that before that time it was known to the parties, that he had absconded, and, when the note was payable, he was not to be found.…

2Cases cited2 opinions

  1. McGruder v. Bank of WashingtonSupreme Court of the United States · 1824
  2. Anderson v. DrakeNew York Supreme Court · 1817

3Cited by95 opinions

  1. Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
  2. Deardorff v. ForesmanIndiana Supreme Court · 1865
  3. Burson v. HuntingtonMichigan Supreme Court · 1870
  4. Gibbs v. LinaburyMichigan Supreme Court · 1871
  5. Van Duzer v. . HoweNew York Court of Appeals · 1860

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