President, Directors, & Co. v. Page
Massachusetts Supreme Judicial Court
This was an action on the case against the defendant, as endorser of a promissory note, dated November 7, 1808, for the sum of 3349 dollars 16 cents, made by Jones Of Noyes, payable to the defendant, Page, at the Lincoln &f Kennebeck Bank, in fifty-seven days from the date, with customary grace, and duly endorsed by the. defendant to one Abraham Hammatt, and by him to the plaintiffs.
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This was an action on the case against the defendant, as endorser of a promissory note, dated November 7, 1808, for the sum of 3349 dollars 16 cents, made by Jones Of Noyes, payable to the defendant, Page, at the Lincoln &f Kennebeck Bank, in fifty-seven days from the date, with customary grace, and duly endorsed by the. defendant to one Abraham Hammatt, and by him to the plaintiffs. At the trial, which was had before Thatcher, J., upon the general issue, at the last September term in this county, the making and endorsements of the note were agreed as declared on; the only questions made were…
1Opinion of the CourtSewall, J.
The usages adopted by individuals concerned in any course of business, — for instance, in the negotiation of promissory notes, by which loans are obtained and renewed at banks, — become, as to those parties, rules by which their contracts are to be construed; and in any circumstance not ascertained by express stipulation, and especially as to privileges depending on legal implication and construction, and understood to be reserved for the particular benefit of the individual, what is' known among the parties to be usual in their course of business, is to be taken as consented to, and to have…
2Cases cited4 opinions
- The Amiable NancySupreme Court of the United States · 1818
- Ruggles v. PattenMassachusetts Supreme Judicial Court · 1812
- Woodbridge v. BrighamMassachusetts Supreme Judicial Court · 1816
- Lewis v. ThatcherMassachusetts Supreme Judicial Court · 1819
3Cited by21 opinions
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Barlow v. LambertSupreme Court of Alabama · 1856
- Kilgore v. BulkleySupreme Court of Connecticut · 1841
- Renner v. President of the Bank of ColumbiaSupreme Court of the United States · 1824
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