Talbot v. National Bank of the Commonwealth
Massachusetts Supreme Judicial Court
Contract for money had and received. Writ dated June 11, 1879. The case was submitted to the Superior Court on agreed facts, in substance as follows : On September 15, 1877, the plaintiffs were the owners of a promissory note for $642.79, dated Kalamazoo, Michigan, September 10, 1877, payable five months after date to the order of Patrick Reynolds, signed by John J. Mullen, and indorsed by Reynolds and by the plaintiffs.
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Contract for money had and received. Writ dated June 11, 1879. The case was submitted to the Superior Court on agreed facts, in substance as follows : On September 15, 1877, the plaintiffs were the owners of a promissory note for $642.79, dated Kalamazoo, Michigan, September 10, 1877, payable five months after date to the order of Patrick Reynolds, signed by John J. Mullen, and indorsed by Reynolds and by the plaintiffs. On the above day, the plaintiffs offered the note, with their indorsement, to the defendant bank, of which they were customers, for discount, in the ordinary course of…
1Opinion of the CourtSoule, J.
When the note matured, the maker occupied a house in Kalamazoo. He had no place of business, and the note did not specify any place of payment. It was payable, therefore, at his house. It was not presented there for payment, nor to the maker elsewhere. The presentment at the place in Kalamazoo which had formerly been occupied as a place of business by the maker, without any inquiry as to his place of residence, was not a good presentment, and did not show such diligent search for the maker, and failure to find him, as would excuse a want of presentment of the note and demand of payment.…
2Cases cited1 opinion
- Garland v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1812
3Cited by8 opinions
- Montgomery Door & Sash Co. v. Atlantic Lumber Co.Massachusetts Supreme Judicial Court · 1910
- Rodick v. PineoSupreme Judicial Court of Maine · 1921
- Marwitz's EstateSupreme Court of Pennsylvania · 1926
- Demond v. BurnhamMassachusetts Supreme Judicial Court · 1882
- Martin v. Home BankAppellate Division of the Supreme Court of the State of New York · 1898
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