Bradford v. Prescott
Supreme Judicial Court of Maine
On report. This was an action against the defendant as a joint and several promisor upon a note in the following form : "$302.00. Caribou, Nov. 22d, 1889. Four months after date I promise to pay to the order of F. M. York Three Hundred and Two Dollars. Payable at any bank in Maine. Yalue received. D. M. Moody. Waiving demand and notice, N. M. Prescott. Waiving demand and notice, F. M. York.”
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On report. This was an action against the defendant as a joint and several promisor upon a note in the following form : "$302.00. Caribou, Nov. 22d, 1889. Four months after date I promise to pay to the order of F. M. York Three Hundred and Two Dollars. Payable at any bank in Maine. Yalue received. D. M. Moody. Waiving demand and notice, N. M. Prescott. Waiving demand and notice, F. M. York.” The plaintiff discounted the note before its maturity, for value, in the form as it appears above, and obtained the note from the payee without notice for whose benefit it was originally given, other than…
1Opinion of the CourtFoster, J.
The plaintiff, in the regular course of business, purchased of the payee the note in suit before it became due. Upon its face it bore the signature of the maker, and aci’oss the back, below the words "waiving demand and notice,” was the defendant’s name. When the note was transferred to the plaintiff the payee indorsed the same, waiving demand and notice, below the name of the defendant.
*484The payee, after the execution and delivery of the note to him by the maker, procured the signature of the defendant without consideration, and for the purpose of getting the note discounted. The defendant,…
2Cases cited7 opinions
- Parmelee v. LawrenceIllinois Supreme Court · 1867
- Bonney v. BonneySupreme Court of Iowa · 1870
- Colburn v. AverillSupreme Judicial Court of Maine · 1849
- Dickinson v. Metacomet National BankMassachusetts Supreme Judicial Court · 1881
- National Pemberton Bank v. LougeeMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Camp v. First National BankSupreme Court of Florida · 1902
- McDonald v. Goddard Grocery Co.Missouri Court of Appeals · 1914
- Roe v. Citizens National BankCourt of Special Appeals of Maryland · 1976
- Commercial & Farmers National Bank v. McCormickCourt of Appeals of Maryland · 1903
3 more not listed; retrieve them via the Exa API.