Whitwell v. Johnson
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note made by E. &f M. Top-pan, on the 11th of October, 1819, for 300 dollars, 21 cents, payable to the defendant or order, by him endorsed to Jacob Gerrish, and by said Gerrish to the plaintiffs; payable in four months, with grace. The action was tried on the general issue, before the chief justice, April term, 1820, at Ipswich.
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Assumpsit on a promissory note made by E. &f M. Top-pan, on the 11th of October, 1819, for 300 dollars, 21 cents, payable to the defendant or order, by him endorsed to Jacob Gerrish, and by said Gerrish to the plaintiffs; payable in four months, with grace. The action was tried on the general issue, before the chief justice, April term, 1820, at Ipswich. The questions were, whether a legal demand had been made on the makers, and seasonable notice of non-payment to the defendant. The note was lodged by the plaintiffs in the Massachusetts bank for collection, and the makers were merchants…
1Opinion of the Court
Parker, C J.,
delivered the opinion of the Court.
The demand upon the promisors, in this case, being made without any presentment of the note to them, would have been wholly nugatory, but for the usage of the bank, in which the note was placed for collection, to make demands in this form, and the consent of the promisors to have the demand so made upon them; which is a legal inference from their knowledge of the usage, as found by the jury (6). It can make no difference that the note was not made payable at the bank, since the custom is so prevalent, in commercial towns where there are banks,…
2Cited by21 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Blanchard v. HilliardMassachusetts Supreme Judicial Court · 1814
- Nelson v. GrondahlNorth Dakota Supreme Court · 1904
- Porter v. East Jordan Realty Co.Michigan Supreme Court · 1920
- Woodbridge v. BrighamMassachusetts Supreme Judicial Court · 1815
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