Torrey v. Foss
Supreme Judicial Court of Maine
On Report from Nisi Prius, Hathaway, J., presiding. Assumpsit, on two notes of hand signed by Dexter Andrews, and payable to defendant, or his order, at Merchants’ Bank, Boston, and by him indorsed. One note for $487,00 dated Bangor, Oct. 26, 1847, was payable- in four months. The other for $400,00, dated Bangor, Dec. 24, 1847, was payable in five months from its date. This action was commenced on Dec. 19,1853. The larger note was produced on the trial.
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On Report from Nisi Prius, Hathaway, J., presiding. Assumpsit, on two notes of hand signed by Dexter Andrews, and payable to defendant, or his order, at Merchants’ Bank, Boston, and by him indorsed. One note for $487,00 dated Bangor, Oct. 26, 1847, was payable- in four months. The other for $400,00, dated Bangor, Dec. 24, 1847, was payable in five months from its date. This action was commenced on Dec. 19,1853. The larger note was produced on the trial. The other note was not produced, and evidence tending to prove its loss was admitted. The plaintiff also produced the certificate of a notary…
1Opinion of the CourtTenney, J.
As it respects one note, declared upon in this action, no evidence is offered of a demand upon the maker, or notice of its non-payment to the indorser. On the other note in suit, neither the demand upon the maker, nor notice of the dishonor to the defendant as the indorser, appears from the evidence to have been sufficient to hold the latter. But a question in the case is, whether any demand or notice to the defendant was by law required.
The notes were made for the accommodation of the indorser, in order to raise money or to be turned out to his creditors at Bangor, and payable at the…
2Cases cited6 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
- Fintard v. TackingtonNew York Supreme Court · 1813
- Rowley v. BallNew York Supreme Court · 1824
- Jones v. FalesMassachusetts Supreme Judicial Court · 1809
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Adams v. BakerSupreme Court of Rhode Island · 1887
- Huron College v. Union County Trust Co.Court of Appeals for the Eighth Circuit · 1935
- Lehman Manufacturing Co. v. JewettIndiana Court of Appeals · 1929