Ladd v. Kinney
Superior Court of New Hampshire
If an endorser of a note, who has not had regular notice of the non-payment by the maker,- does, with a full know)edge of the fact, make a subsequent promise to pay, it is a waiver of the want of due notice. This was an action of assumpsit against Kenney, as endorser oí a note of hand made by Hazen Lawrence, dated March 14, 1816, for $40, payable to Kenney or order in sixty days with interest, and by him endorsed to the plaintiff.
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If an endorser of a note, who has not had regular notice of the non-payment by the maker,- does, with a full know)edge of the fact, make a subsequent promise to pay, it is a waiver of the want of due notice. This was an action of assumpsit against Kenney, as endorser oí a note of hand made by Hazen Lawrence, dated March 14, 1816, for $40, payable to Kenney or order in sixty days with interest, and by him endorsed to the plaintiff. The cause was tried here at September term, 1820, upon the general issue, when it appeared in evidence, that the note was endorsed by the defendant to the plaintiff…
1Opinion of the CourtRichardson, C. J.
It seems never to have been doubted, that if the endorser of a note, after being apprised of the negligence of the holder in making a demand, or in giving notice, and also of the legal consequences of such negligence, promises to see the note paid, it is in law a waiver of any objection he might have otherwise taken on account of the irregularity of the demand or notice, and he must be belt! *341liable. Chitty on Bills 186 and 187, note.—2 D. & E. 713, Rogers vs. Stephens.— 6 East 16, note, Hopes vs. Alder.—2 Strange 1246, Vaughan vs. Fuller— Peake’s Ca. 202, Wilkes et al. vs. Jacks.— Buller's N.…
2Cases cited3 opinions
- Miller v. HackleyNew York Supreme Court · 1810
- Warder v. TuckerMassachusetts Supreme Judicial Court · 1811
- Duryee v. DennisonNew York Supreme Court · 1810
3Cited by6 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- New-Hampshire Savings Bank v. ColcordSuperior Court of New Hampshire · 1844
- Pinkham v. GearSuperior Court of New Hampshire · 1825
- Caldwell v. PorterSuperior Court of New Hampshire · 1845
- Sanborn v. FrenchSuperior Court of New Hampshire · 1850
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