Hobbs v. Straine
Massachusetts Supreme Judicial Court
Contract upon a promissory note, made by one EMridge, payable to the order of the defendant, and indorsed by him to the plaintiffs. Trial in the Superior Court, before Dunbar, J., who, after a verdict for the plaintiffs, allowed a bill of exceptions, which, so far as material, appears in the opinion.
1Opinion of the CourtMorton, C. J.
Notice of the dishonor of a note is sufficient to charge an indorser if it is delivered to him personally, or is left at his place of residence or of business, or is deposited in the mail addressed to him at his place of residence or of business, the postage being prepaid. Pub. Sts. c. 77, § 16. Bank of America v. Shaw, 142 Mass. 290. Importers f Traders' National Bank v. Shaw, 144 Mass. 421. The underlying principle of all the decisions upon the subject is, that reasonable diligence must be used by the holder in getting notice of the dishonor to the indorser.
In the case at bar, the evidence…
2Cases cited4 opinions
- Third National Bank v. AshworthMassachusetts Supreme Judicial Court · 1870
- Bank of America v. ShawMassachusetts Supreme Judicial Court · 1886
- Rindge v. KimballMassachusetts Supreme Judicial Court · 1878
- Importers & Traders' National Bank v. ShawMassachusetts Supreme Judicial Court · 1887
3Cited by7 opinions
- Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897
- Parks v. SmithMassachusetts Supreme Judicial Court · 1891
- Carmen v. HigginsonMassachusetts Supreme Judicial Court · 1923
- Reardon v. MurdockMassachusetts Supreme Judicial Court · 1935
- Bowen v. FarleyMassachusetts Supreme Judicial Court · 1926
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