Demelman v. Brazier
Massachusetts Supreme Judicial Court
Contract against the indorsers of two promissory notes, each for the sum of $2,500, dated at Watertown in the State of New York on March 29, 1905, and payable four months after date at the Liberty National Bank in the city of New York.
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Contract against the indorsers of two promissory notes, each for the sum of $2,500, dated at Watertown in the State of New York on March 29, 1905, and payable four months after date at the Liberty National Bank in the city of New York. Writ against Charles G. Brazier dated August 1, 1905, and a supplemental writ issued by order of court against George I. Robinson and Edward L. Collins as co-defendants dated November 9, 1905. The case was before this court on exceptions taken by the defendants at a previous trial and the decision was reported in 193 Mass. 588. Before the second trial, the…
1Opinion of the CourtSheldon, J.
The defendant contends that the averment in each count of the declaration that the note there mentioned “ was duly protested ” was a descriptive averment which must be proved as made. But at common law and under our statute no formal protest was needed to hold the indorsers; it was enough if there had been proper demand upon the maker, a refusal by him to make payment, and seasonable notice of these facts given to the defendant. R. L. c. 73, §§ 83, 87, et seq. And both parties agree that in this respect the law of New York is the same as our own. But the only ground suggested by the defendant…
2Cases cited10 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Indian Head National Bank v. ClarkMassachusetts Supreme Judicial Court · 1896
- Shattuck v. EldredgeMassachusetts Supreme Judicial Court · 1899
- Way v. ButterworthMassachusetts Supreme Judicial Court · 1870
- Battle v. WeemsSupreme Court of Alabama · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kittredge v. GrannisNew York Court of Appeals · 1926
- Mumford v. CoghlinMassachusetts Supreme Judicial Court · 1924
- Phillips v. EldridgeMassachusetts Supreme Judicial Court · 1915
- First National Bank v. HallIdaho Supreme Court · 1917
- National Bank of the Republic v. PriceUtah Supreme Court · 1923
6 more not listed; retrieve them via the Exa API.