Sandford v. Dillaway
Massachusetts Supreme Judicial Court
This was assumpsit on a promissory note, dated December 31, 18U7, for 284 dollars 19 cents, payable to the defendant or order in six months with interest and grace, and endorsed by the defendant. It appears from the report of Parker, J., before whom the cause was tried, that the note was originally given to Messrs.
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This was assumpsit on a promissory note, dated December 31, 18U7, for 284 dollars 19 cents, payable to the defendant or order in six months with interest and grace, and endorsed by the defendant. It appears from the report of Parker, J., before whom the cause was tried, that the note was originally given to Messrs. Gardner Downer in renewal of another note signed by S'. Dillaway, Jun., and endorsed.by S. Williams, which Gardner &f Downer received in payment for articles of merchandise sold by them to S. D., Jun. The note declared on was negotiated to the plaintiff after it became due. There…
1Per curiam
There have been contradictory opinions and decisions on the point brought before us in this case. We must [ * 54 ] settle it on the best principles that occur to us. * The endorser of a promissory note contracts that he will pay the contents, provided the maker does not pay it when regularly demanded of him, and seasonable notice of his refusal or neglect is given to the endorser. This demand and notice he has a right, in all cases, to insist upon; for this reason, that, upon payment by him, he may have his remedy over against the maker. And although the insolvency of the maker renders his…
2Cases cited8 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Ireland v. KipNew York Supreme Court · 1814
- Bank of the United States v. TylerSupreme Court of the United States · 1830
- Barton v. BakerSupreme Court of Pennsylvania · 1815
- Farnum v. FowleMassachusetts Supreme Judicial Court · 1815
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Phipps v. HardingCourt of Appeals for the Seventh Circuit · 1895
- Farnum v. FowleMassachusetts Supreme Judicial Court · 1815
- Nolan v. H. E. Wilcox Motor Co.Tennessee Supreme Court · 1917
- Crossen v. HutchinsonMassachusetts Supreme Judicial Court · 1812
4 more not listed; retrieve them via the Exa API.