Farnum v. Fowle
Massachusetts Supreme Judicial Court
This was assumpsit on a promissory note, dated November 12th, 1812, signed by John Fowle for $350 dollars, payable to the defendant, his father, or order, in six months and grace, and indorsed to the plaintiff.
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This was assumpsit on a promissory note, dated November 12th, 1812, signed by John Fowle for $350 dollars, payable to the defendant, his father, or order, in six months and grace, and indorsed to the plaintiff. The cause came on for trial on the general issue, before Parker, J., November term, 1813, when the plaintiff was nonsuit ; the defend ant agreeing that the nonsuit should be set aside, and he would be defaulted, if the Court should be of opinion that the plaintiff could maintain his action upon the following facts, proved or admitted, in the case. The six months, at the end of which…
1Opinion of the CourtParker, C. J.
The demand made upon the promissor, on the day when the note was supposed to be due, without reckoning the days of grace, and the notice to the indorser predicated upon that demand, were wholly nugatory ; it having been settled in the case of Jones vs. Fales,(1) that the days of grace must be computed, to ascertain when a note so payable becomes due.
*It is also settled, as part of the law-merchant, that, [*91] when a note or bill is payable with grace, and the third day of grace falls on Sunday, or any other great holyday, when money is not usually paid, it becomes due on the second day of…
2Cases cited4 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
- Henry v. JonesMassachusetts Supreme Judicial Court · 1812
- Sandford v. DillawayMassachusetts Supreme Judicial Court · 1813
3Cited by14 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Phipps v. HardingCourt of Appeals for the Seventh Circuit · 1895
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1935
- Nolan v. H. E. Wilcox Motor Co.Tennessee Supreme Court · 1917
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