Hussey v. Freeman
Massachusetts Supreme Judicial Court
Case upon a promissory note made by Ebenezer Storer, payable on the 20th of June, 1807, to the defendant or his order, and by him endorsed to the plaintiff. The parties submitted the action to the decision of the Court upon the following facts agreed: — At the time the note fell due, the plaintiff, as well as the maker of the note, lived in Portland, and the defendant at Cape Elizabeth, four miles from Portland.
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Case upon a promissory note made by Ebenezer Storer, payable on the 20th of June, 1807, to the defendant or his order, and by him endorsed to the plaintiff. The parties submitted the action to the decision of the Court upon the following facts agreed: — At the time the note fell due, the plaintiff, as well as the maker of the note, lived in Portland, and the defendant at Cape Elizabeth, four miles from Portland. Payment was demanded of the maker on the 20th, and on the 28th of June notice was sent to the endorser, by the cashier of the Portland Bank, (with whom the note had been left for…
1Opinion of the Court
The opinion of the Court was delivered by
Sewall, J.
The defendant is charged in this case for the amount due upon a note, drawn payable to him or his order, made and signed by Ebenezer Storer, and endorsed * by the defendant. This note is said to have been ne- [ * 86 ] gotiated by a Mr. Greely; but whether he received it of the defendant, or of the maker, Mr. Storer, is not stated. The probability is, from the whole of the case, that the defendant *98endorsed as a surety, for the accommodation of Storer; and there is certainly nothing in the case which should induce us to charge the defendant,…
2Cases cited4 opinions
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Picquet v. CurtisU.S. Circuit Court for the District of Massachusetts · 1833
- Marston v. CoburnMassachusetts Supreme Judicial Court · 1821
3Cited by6 opinions
- Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897
- Brenzer v. WightmanSupreme Court of Pennsylvania · 1844
- Mead v. SmallSupreme Judicial Court of Maine · 1823
- F. Lane & Co. v. Bank of West TennesseeTennessee Supreme Court · 1872
- F. Lane & Co. v. Bank of West TennesseeTennessee Supreme Court · 1872
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