Lamkin v. Edgerly
Massachusetts Supreme Judicial Court
Contract on a promissory note, dated May 4, 1888, made by the first named ^defendant, and payable six months after date to the defendant Pickering, and by him indorsed to the plaintiff. At a trial in the Superior Court, without a jury, before Bishop, J., the only question was whether the defendant Pickering received due notice of the non-payment of the note by a letter duly mailed, postpaid, and directed to him at a certain room.
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Contract on a promissory note, dated May 4, 1888, made by the first named ^defendant, and payable six months after date to the defendant Pickering, and by him indorsed to the plaintiff. At a trial in the Superior Court, without a jury, before Bishop, J., the only question was whether the defendant Pickering received due notice of the non-payment of the note by a letter duly mailed, postpaid, and directed to him at a certain room. The judge found for the plaintiff; and the defendant Pickering alleged exceptions, which appear in the opinion.
1Opinion of the CourtKnowlton, J.
If the room to which the notice was directed was the place of business of the defendant Pickering on November 8,1888, there can be no doubt that the notice was sufficient. Pub. Sts. c. 77, § 16. Bank of America v. Shaw, 142 Mass. 290. Importers & Traders' National Bank v. Shaw, 144 Mass. 421. Wachusett National Bank v. Fairbrother, 148 Mass. 181. Hobbs v. Straine, 149 Mass. 212. The judge found that it was his place of business, and the question presented by the bill of exceptions is whether there was evidence to warrant the finding.
The room was at No. 68 Devonshire Street, Boston, and at…
2Cases cited4 opinions
- Wachusett National Bank v. FairbrotherMassachusetts Supreme Judicial Court · 1889
- Hobbs v. StraineMassachusetts Supreme Judicial Court · 1889
- Bank of America v. ShawMassachusetts Supreme Judicial Court · 1886
- Importers & Traders' National Bank v. ShawMassachusetts Supreme Judicial Court · 1887
3Cited by1 opinion
- Jacobs v. BrownMassachusetts Supreme Judicial Court · 1927