Groton v. Dallheim
Supreme Judicial Court of Maine
. 'Assumpsit by the indorsee against the last indorser of a promissory nóte, made Feb. 23, 1828, payable in one year. This cause came up by exceptions to the opinion of Smith J. who had nonsuited the plaintiff in the court below.
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. 'Assumpsit by the indorsee against the last indorser of a promissory nóte, made Feb. 23, 1828, payable in one year. This cause came up by exceptions to the opinion of Smith J. who had nonsuited the plaintiff in the court below. It appeared from the exceptions that the note was presented to the maker for payment on the 23d or 24th of February 1829 ; but though all the parties dwelkin Waldoborough, no notice was given to the indorser till May or Jane following; when the plaintiff after stating to him tho demand and refusal, requested him to settle it, or pay the money he had advanced to him ;…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
The note in this case became due on the 23d day of February 1829. The evidence is that the demand was made on the maker of the note on that day, or the day following. As all the parties lived in the same town, the demand should have been made on the 23d. No reason appears that would justify the delay till the next day. The notice to the defendant was out of all time. It is said, however,'that notice to him was unnecessary, inasmuch as the maker was insolvent at the maturity of the note. This does not appear; on that point the proof was…
2Cases cited5 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Jackson v. RichardsNew York Supreme Court · 1805
- Farnum v. FowleMassachusetts Supreme Judicial Court · 1815
- Sandford v. DillawayMassachusetts Supreme Judicial Court · 1813
- Crossen v. HutchinsonMassachusetts Supreme Judicial Court · 1812