Lawrence v. Langley
Superior Court of New Hampshire
Assumpsit against the defendant, as indorser of a promissory note, made by David J. Lancaster and William Richardson, dated September 1, 1835, and payable to the defendant, or order, in one year from date, with interest, and by him indorsed to the plaintiff.
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Assumpsit against the defendant, as indorser of a promissory note, made by David J. Lancaster and William Richardson, dated September 1, 1835, and payable to the defendant, or order, in one year from date, with interest, and by him indorsed to the plaintiff. On or about the first of August, 1835, the plaintiff, being ' the owner of certain stage property, sold the same to the defendant for f 1125. The defendant paid f625 of the purchase money in cash, and transferred the note in suit to the plaintiff, as security for the payment of the balance. Before the note became due, Lancaster became…
1Opinion of the CourtWoods, J.
The defendant in this case is attempted to be charged as the indorser of the note declared on. In order to that result, it must appear that a demand of payment was duly made upon the maker, and notice thereof, and of its non-payment, and that the holder relied upon the indorser for payment, was seasonably given to the defendant, or demand and notice was waived, or the want thereof excused.
By virtue of the statute, the note was payable with grace. When a note is payable on time, a demand, to be of any avail, should be made on the last day of grace. An earlier demand is insufficient to charge…
2Cases cited4 opinions
- Leavitt v. SimesSuperior Court of New Hampshire · 1823
- Butterfield v. HarvellSuperior Court of New Hampshire · 1825
- Crossen v. HutchinsonMassachusetts Supreme Judicial Court · 1812
- Dennie v. WalkerSuperior Court of New Hampshire · 1834