Legal Opinion

Bradley v. Davis

Supreme Judicial Court of Maine

Decided April 15, 1846PublishedCited by 5 opinions

Assumpsit upon a note of which the following is a copy: — “$2292,96. “Boston, May 20, 1835. “ Value received, I promise to pay Amos Davis, or bearer, two thousand two hundred, and ninety-two dollars, at the Suffolk Bank, Boston, in two years, with interest annually. “ Witness, Samuel P. Button. “ Erasmus Holbrook. ” The note was indorsed by Amos Davis.

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Assumpsit upon a note of which the following is a copy: — “$2292,96. “Boston, May 20, 1835. “ Value received, I promise to pay Amos Davis, or bearer, two thousand two hundred, and ninety-two dollars, at the Suffolk Bank, Boston, in two years, with interest annually. “ Witness, Samuel P. Button. “ Erasmus Holbrook. ” The note was indorsed by Amos Davis. At the trial before Whitman C. J. the signatures were admitted ; and the plaintiff, to show that Davis was liable as in-dorser, read in evidence the protest by Charles Hayward, as a Notary Public ; a deposition of Playward, taken by the…

1Opinion of the Court

The opinion of the Court was drawn up by

WhitmaN C. J.

— The parties have agreed, that the Court instead of the jury, shall ascertain the facts legally proved in this case, and decide whether, according to the rules of law, the plaintiff is entitled to recover. This depends upon the question, whether the defendant as indorser of a note, was duly notified of its non-payment by the maker. The defendant’s place of abode w'as at Bangor in this State. The note was payable at a bank in Boston; and was put into the hands of Charles Hayward, who, according to his testimony, had been a Notary Public in…

2Cases cited3 opinions

  1. Mills v. Bank of United StatesSupreme Court of the United States · 1826
  2. Bank of Utica v. SmithNew York Supreme Court · 1820
  3. President of the Bank of the United States v. CorcoranSupreme Court of the United States · 1829

3Cited by5 opinions

  1. Rolla State Bank v. PezoldtMissouri Court of Appeals · 1902
  2. Ashley v. GuntonSupreme Court of Arkansas · 1855
  3. First National Bank v. WoodSupreme Court of Vermont · 1879
  4. Hallowell & Co. v. CurrySupreme Court of Pennsylvania · 1862
  5. Robinson v. GilmanSupreme Court of New Hampshire · 1861

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