Wachusett National Bank v. Fairbrother
Massachusetts Supreme Judicial Court
Contract upon certain promissory notes, dated February 21, 1887, and payable six months after date, made by the Snow Cattle Company, and indorsed by Anstis R. M. Fairbrother, David A. Corey, and Margaret P. Snow. Anstis R. M. Fairbrother alone defended. Writ dated August 26,1887. At the trial in the Superior Court, before Barker, J., the only material issue was as to the sufficiency of certain notices of nonpayment to charge the defendant as indorser.
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Contract upon certain promissory notes, dated February 21, 1887, and payable six months after date, made by the Snow Cattle Company, and indorsed by Anstis R. M. Fairbrother, David A. Corey, and Margaret P. Snow. Anstis R. M. Fairbrother alone defended. Writ dated August 26,1887. At the trial in the Superior Court, before Barker, J., the only material issue was as to the sufficiency of certain notices of nonpayment to charge the defendant as indorser. It appeared that the defendant, for some time prior to 1885, resided at 82 Blossom Street, in Fitchburg, which was also her early home, with…
1Opinion of the CourtC. Allen, J.
Prior to the St. of 1871, c. 239, now embodied in the Pub. Sts. c. 77, § 16, the holder of a note could not give notice of its dishonor through the mail to an indorser who lived in the same city or town, but must give the notice to him personally, or at his place of business or residence. The chief object of the statute was to extend the privilege of giving notice by mail to cases where the parties live in the same place. But in ascertaining the residence of' a person to be notified, the same rules are applicable under the statute as would have been applicable prior to the statute in case the…
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