King v. Crowell
Supreme Judicial Court of Maine
On PACTS AGREED. Assumpsit against tbe defendant as indorser of the following promissory note, his signature admitted to be genuine. “ $150.00. April 8, 1871. Four months after date I promise to pay to the order of A. J. Crowell one hundred and fifty dollars. Value received. H. E. Morton.” Endorsed, “ A. J. Crowell, Jeremiah Glidden, C. H. Glidden.” Writ dated Feb. 17, 1872. Plea, general issue.
Read the full summary
On PACTS AGREED. Assumpsit against tbe defendant as indorser of the following promissory note, his signature admitted to be genuine. “ $150.00. April 8, 1871. Four months after date I promise to pay to the order of A. J. Crowell one hundred and fifty dollars. Value received. H. E. Morton.” Endorsed, “ A. J. Crowell, Jeremiah Glidden, C. H. Glidden.” Writ dated Feb. 17, 1872. Plea, general issue. This note was negotiated to the plaintiff for a full 'consideration a short time after its date. The maker and the indorsers resided in Winthrop village, and the plaintiff in Monmouth. H. E. Morton,…
1Opinion of the CourtViRGiN, J.
When the defendant indorsed and put into circulation the note in suit, he thereby ordered the maker to pay the amount therein specified- to the plaintiff'; and he also thereby promised that if the note were duly demanded of the maker and not paid, then he himself would, upon receiving due notice of the demand and non-payment, pay it to the plaintiff.
And now, in this suit upon his promise, the defendant declines to pay the note on the following alleged grounds:
1. That the demand was not lawful inasmuch as it was made on the street.
*247The general rule of law is that the holder must use diligence…
2Cases cited4 opinions
- Taylor v. SnyderNew York Supreme Court · 1846
- Hammar v. City of CovingtonCourt of Appeals of Kentucky · 1861
- Estes v. TowerMassachusetts Supreme Judicial Court · 1869
- Etheridge v. LaddNew York Supreme Court · 1885
3Cited by7 opinions
- Parker v. . StroudNew York Court of Appeals · 1885
- Toll v. Monitor Binding & Printing Co.Court of Appeals for the Eighth Circuit · 1928
- Dickson v. DicksonCourt of Appeals of Texas · 1959
- Porter v. East Jordan Realty Co.Michigan Supreme Court · 1920
- Gilpin v. SavageNew York Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.