Clark v. Bigelow
Supreme Judicial Court of Maine
The plaintiffs brought the action as indorsees of a bill of exchange, drawn and dated at Bangor, July 2, 1835, payable in six months after date, by Reed & Edwards on Tyler Reed 8f Co. of Boston, in favor of Daniel S. Jones and Joseph J. Bigelow, and by them indorsed. The material facts in the case appear in the opinion of the Court.
Read the full summary
The plaintiffs brought the action as indorsees of a bill of exchange, drawn and dated at Bangor, July 2, 1835, payable in six months after date, by Reed & Edwards on Tyler Reed 8f Co. of Boston, in favor of Daniel S. Jones and Joseph J. Bigelow, and by them indorsed. The material facts in the case appear in the opinion of the Court. There was also a motion for a new trial, because the verdict was against evidence. and in the course of their argument, cited Chitty on Bills, 213; Bayley on Bills, 283 ; 3 Campb. 262 ; 2 Stark, on Ev. 270 ; IIill v. Var-rell, 3 Greenl. 233; 13 Johns. 11. 432 ;…
1Opinion of the Court
The opinion of the Court was drawn up by '
Weston C. J.
The first count in the declaration avers a regular demand upon the drawees for payment, and due notice thereupon of the dishonor of the bill to the defendant, the indorser. The second count, instead of setting forth due notice to the defendant avers, that the plaintiffs used due diligence to give him notice. Under the general issue, which has been pleaded in this case, we are of opinion, that upon the point of notice, the plaintiffs are entitled to recover, if they have proved due notice given, or due diligence to give it.
The bill, having…
2Cases cited2 opinions
- Buckner v. Finley & Van LearSupreme Court of the United States · 1829
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
3Cited by5 opinions
- State v. WardSupreme Court of Vermont · 1888
- Kennard v. StateSupreme Court of Florida · 1900
- Kleekamp v. MeyerMissouri Court of Appeals · 1878
- Rounds v. McCormickAppellate Court of Illinois · 1882
- Banker v. Chevrolet Motor Co.Michigan Supreme Court · 1928