Platt v. Drake
Michigan Supreme Court
Case certified from Oakland Circuit Court. This was an action of assumpsit to recover the amount of a promissory note endorsed by the defendant.
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Case certified from Oakland Circuit Court. This was an action of assumpsit to recover the amount of a promissory note endorsed by the defendant. The only question presented by the facts, (which were agreed upon by the parties,) was, whether the following notice, which it was admitted correctly described the note declared upon, and was duly served upon the defendant, was, in itself, a sufficient notice of dishonor of the note : “ Pontiac, March 10, 1838. “ Take notice, that a note drawm by Cornelius Roose- “ velt, to the order of Daniel S. Mercier, for $466.62, da“ted Sept. 7, 1837, at six…
1Opinion of the CourtFelch, J.
The liability of the defendant, as endorser, is a conditional liability, and it is for the plaintiff to show the performance of the conditions upon which it depends. The holder of a note undertakes to present it, at the proper time *298and place for payment; to allow no extra time and grant no indulgence for payment; and to give notice without delay to the endorser, of a failure in the attempt to procure payment. Story on Bills, § 112. And a default in any of these respects will discharge the party in respect to whom there has been such default.
The essential requisites of a notice of dishonor…
2Cited by10 opinions
- Dodge v. MeyerCalifornia Supreme Court · 1882
- Cook v. LitchfieldThe Superior Court of New York City · 1851
- Exchange Bank of St. Louis v. RiceMassachusetts Supreme Judicial Court · 1867
- Newberry v. Trowbridge & OwenMichigan Supreme Court · 1857
- Franklin Bank v. LynchCourt of Appeals of Maryland · 1879
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