Saco National Bank v. Sanborn
Supreme Judicial Court of Maine
On report. Assumpsit upon a note dated October 12,1868, for $500, signed by Isaac Dyer, payable in four months from date, at either bank in Saco, to the order of Ephraim Sanborn, by whom it was indorsed before being sent to the Saco National Bank, where it was discounted in renewal of a note of the same parties then overdue there. The first note fell due October 12, 1868, and this one, given a few days after that, was dated back to that time.
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On report. Assumpsit upon a note dated October 12,1868, for $500, signed by Isaac Dyer, payable in four months from date, at either bank in Saco, to the order of Ephraim Sanborn, by whom it was indorsed before being sent to the Saco National Bank, where it was discounted in renewal of a note of the same parties then overdue there. The first note fell due October 12, 1868, and this one, given a few days after that, was dated back to that time. When the first of these notes fell due, notice of its non-payment was sent to the defendant at Baldwin, where he resided many years, and where the…
1Opinion of the CourtWalton, J.
The plaintiffs aver, and they must of course prove, that the defendant was legally notified of the dishonor of the note in suit. But legal notice is not necessarily actual notice. Proof that a letter containing the proper information was seasonably put into the post office directed to the indorser at the place where, after diligent inquiry, he was supposed to reside, will sustain the averment of notice, although as matter of fact the indorser did not reside there, and the letter never reached him.
TMs point was directly decided in Shed v. Brett, 1 Pick., 401. The court there say that “an…
2Cases cited2 opinions
- Gawtry v. . DoaneNew York Court of Appeals · 1872
- Bank of Utica v. BenderNew York Supreme Court · 1839
3Cited by3 opinions
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- New York Belting & Packing Co. v. ElaSupreme Court of New Hampshire · 1881
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883