Smith v. Little
Superior Court of New Hampshire
Assumpsit, against the defendant, as indorser of a promissory note, made by Ward & Willis and Cyrus Ingalls, to the defendant, or order, September 12, 1835, for $ 1500 dollars, payable in two years, in Portland, with interest. It appeared in evidence that the note was lodged in the Canal Bank, in Portland, for collection ; and before it became due the messenger of the bank left a notice with Ward & Willis, of that fact, and of the time when it would be payable.
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Assumpsit, against the defendant, as indorser of a promissory note, made by Ward & Willis and Cyrus Ingalls, to the defendant, or order, September 12, 1835, for $ 1500 dollars, payable in two years, in Portland, with interest. It appeared in evidence that the note was lodged in the Canal Bank, in Portland, for collection ; and before it became due the messenger of the bank left a notice with Ward & Willis, of that fact, and of the time when it would be payable. On the 15th of September, 1837, the cashier delivered the note to a notary public, who called at the store of Ward & Willis, in…
1Opinion of the CourtParker, C. J.
The demand upon Ingalls, by a letter directed to him at his place of residence in Denmark, Maine, which was put into the post-office on the last day of grace, at the time the note was protested, was wholly unavailing to charge the indorser. It could not have the effect of a demand upon Ingalls. It was not a requirement upon him to pay the note when it was due, nor, in the ordinary course of business, could it enable him so to do before the notice was sent to the defendant.
But the note having been made payable in Portland, the holder was not bound to make a demand elsewhere. 3 Johns. R. 208,…
2Cases cited5 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Nicholls v. WebbSupreme Court of the United States · 1823
- President of the Bank of Alexandria v. SwannSupreme Court of the United States · 1835
- Lenox v. RobertsSupreme Court of the United States · 1817
- Carter v. BurleySuperior Court of New Hampshire · 1838
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