Hall v. Crane
Massachusetts Supreme Judicial Court
Contract by the holder of five promissory notes against the indorser of the notes who was the payee. Writ in the Third District Court of Eastern Middlesex, dated November 23, 1910. On appeal to the Superior Court the case was submitted to Fessenden, J., upon an agreed statement of facts, by which it appeared that the defendant at the time he indorsed the notes waived demand on the maker of the notes at maturity by writing above his signature the words: “Waive demand,” but…
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Contract by the holder of five promissory notes against the indorser of the notes who was the payee. Writ in the Third District Court of Eastern Middlesex, dated November 23, 1910. On appeal to the Superior Court the case was submitted to Fessenden, J., upon an agreed statement of facts, by which it appeared that the defendant at the time he indorsed the notes waived demand on the maker of the notes at maturity by writing above his signature the words: “Waive demand,” but that he did not either in writing or orally waive notice to him of the failure of the maker to pay the notes at maturity…
1Opinion of the CourtHammond, J.
At the time of the indorsement the defendant made a written waiver of demand; and the only question is whether as matter of law that was a waiver of notice. Plainly it was not.
*327The liability of an indorser is conditional, the conditions being-first, that at the maturity of the note there shall be a demand upon the maker for payment, and second, that if the note be not then paid due notice thereof shall be given to the indorser. And these two conditions are distinct and independent of each other. Either can be waived and the other insisted upon. Neither upon principle nor by the great weight of…
2Cases cited2 opinions
- President of the Berkshire Bank v. JonesMassachusetts Supreme Judicial Court · 1810
- Parks v. SmithMassachusetts Supreme Judicial Court · 1891
3Cited by6 opinions
- D'Annolfo v. D'Annolfo Construction Co.Massachusetts Appeals Court · 1995
- Tourtellotte v. SaulnierMassachusetts Supreme Judicial Court · 1929
- Melvin Gelman v. Public National BankCourt of Appeals for the D.C. Circuit · 1967
- Government of the Virgin Islands v. Omar Brown. Government of the Virgin Islands v. Aimee Estornel. Government of the Virgin Islands v. Jacob M. PaulusCourt of Appeals for the Third Circuit · 1955
- Government of Virgin Islands v. BrownCourt of Appeals for the Third Circuit · 1955
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