Burnham v. Webster
Supreme Judicial Court of Maine
This was an action of assumpsit brought by the plaintiff as indorsee of a note of hand, dated Newburyport, July 10, 1835, given by William Palmer and Samuel Phillips for $3302,03, payable in three years with interest annually to the order of Eben Webster, and by him indorsed and likewise by Daniel Burnham and David Webster. Above the names of the indorsers was written, “ I hold myself responsible and waive all notice.”
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This was an action of assumpsit brought by the plaintiff as indorsee of a note of hand, dated Newburyport, July 10, 1835, given by William Palmer and Samuel Phillips for $3302,03, payable in three years with interest annually to the order of Eben Webster, and by him indorsed and likewise by Daniel Burnham and David Webster. Above the names of the indorsers was written, “ I hold myself responsible and waive all notice.” It appeared in evidence that the above note, indorsed S. S. Fairfield, cashier, to John Andrews, cashier of the Mechanics’ Bank, Newburyport, was delivered by said Andrews to…
1Opinion of the Court
The opinion of the Court was delivered by
Tenney J.
This, suit is against the defendant as the indorser of the promissory note declared on. He defends on the ground, that no legal demand was made upon .the makers. The note is dated July 10, 1835, payable in three years, and purports to have been made in Massachusetts. On the 13th day of July, 1838, John Andrews, Jr. cashier of the Mechanics’ Bank in Newburyport, put it into the hands of a notary, that a demand might be made upon the makers — a demand was made by the notary on that day, conformably to law. It was indorsed by S. S. Fairfield,…
2Cited by1 opinion
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