Blanchard v. Hilliard
Massachusetts Supreme Judicial Court
Assumpsit upon a promissory note given by William Hoogs to Francis Iloogs, or order, dated March 13, 1810, for 1800 dollars, payable in fifty-seven days, with grace, and endorsed by the defendant.
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Assumpsit upon a promissory note given by William Hoogs to Francis Iloogs, or order, dated March 13, 1810, for 1800 dollars, payable in fifty-seven days, with grace, and endorsed by the defendant. At the trial, which was had upon the general issue, before Parker, J., at the last November term in this county, it was proved that notice was left at the Union Bank for the promisor, on the 8th day of May, 1810, which was fifty-six days, without grace; and that, on the 11th of the same May, notice was left for the defendant at a store in Boston, appointed by him for his notices from the bank, he…
1Per curiam
Heretofore it was the usage of the banks to include the day of the date of a promissory note in their computation. Since the decision of the Court, in the case of Henry vs. Jones, they have excluded it. The transactions in the case at bar were before that decision. The direction of the judge at the trial is objected to. There can be no doubt that it was competent for the endorser to waive his right to due notice, and to consent to receive notice at an earlier day. We have in several instances recognized the usages of banks, at which the parties haVe been accustomed to transact business, not…
2Cases cited5 opinions
- President, Directors, & Co. v. PageMassachusetts Supreme Judicial Court · 1812
- Whitwell v. JohnsonMassachusetts Supreme Judicial Court · 1821
- Peirce v. ButlerMassachusetts Supreme Judicial Court · 1817
- The President, Directors, & Co. v. HammattMassachusetts Supreme Judicial Court · 1812
- Haynes v. JenksMassachusetts Supreme Judicial Court · 1824
3Cited by14 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Andrews v. HerriotNew York Supreme Court · 1825
- Kilgore v. BulkleySupreme Court of Connecticut · 1841
- Hartford Bank v. StedmanSupreme Court of Connecticut · 1821
- The President, Directors, & Co. v. HammattMassachusetts Supreme Judicial Court · 1812
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