Swampscott Machine Co. v. Rice
Massachusetts Supreme Judicial Court
Contract, against Thomas Rice and Ada C. Rice, his wife, upon a promissory note for $800, dated April 28, 1892, payable in three months after date to the order of George K. Paul and Company, under which name the plaintiff did business here, signed by the first named defendant, and indorsed by the other defendant. Trial in the Superior Court, without a jury, before Bond, J., who allowed a bill of exceptions, in substance as follows.
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Contract, against Thomas Rice and Ada C. Rice, his wife, upon a promissory note for $800, dated April 28, 1892, payable in three months after date to the order of George K. Paul and Company, under which name the plaintiff did business here, signed by the first named defendant, and indorsed by the other defendant. Trial in the Superior Court, without a jury, before Bond, J., who allowed a bill of exceptions, in substance as follows. The consideration of the note was a prior debt of the husband alone. The indorsement of the wife was for the accommodation of the husband. The only evidence as to…
1Opinion of the CourtHolmes, J.
If the certificate of the notary public that he “ duly ” notified the indorsers is insufficient, taken with the context, to import that he did his duty and sent the notice in due time, as is intimated in Peabody Ins. Co. v. Wilson, 29 W. Va. 528, 563, the fact is shown by the date of the certificate, which is July 30, the very day of the demand. The plaintiff’s *406bookkeeper received it at the date of the maturity of the note, and at once put it into a box in the office, stamped, and with a direction for return if not delivered in five days. It was the regular course of business for an office…
2Cases cited1 opinion
- Peabody Ins. v. Wilson & BeasleyWest Virginia Supreme Court · 1887
3Cited by15 opinions
- Green v. CrapoMassachusetts Supreme Judicial Court · 1902
- Prudential Trust Co. v. HayesMassachusetts Supreme Judicial Court · 1924
- Nesson v. AdamsMassachusetts Supreme Judicial Court · 1912
- Tobin v. TaintorMassachusetts Supreme Judicial Court · 1918
- Anderson v. Town of BillericaMassachusetts Supreme Judicial Court · 1941
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