Mead v. Small
Supreme Judicial Court of Maine
Assumpsit on a promissory note made by Jacob Allen, payable to the defendant, and by him indorsed in blank. It came before this Court upon exceptions filed to the opinion of the Court of Common Pleas, Where, upon the evidence adduced, the plaintiff' was nonsuited.
Read the full summary
Assumpsit on a promissory note made by Jacob Allen, payable to the defendant, and by him indorsed in blank. It came before this Court upon exceptions filed to the opinion of the Court of Common Pleas, Where, upon the evidence adduced, the plaintiff' was nonsuited. It appeared from the exceptions that the plaintiff called Ebmezer Cobb, who testified that he, the witness, received the note from the defendant, who indorsed his name on it in blank, in payment of a debt due from the defendant to him ; — that it Was at the same time agreed between them, the note being not then payable, that he…
1Opinion of the Court
Mellen C. J.
It is admitted that all the parties to the note in question reside within ten or twelve miles of each other, and therefore, according to numerous decisions, the demands made upon Allen, and the notice given to the defendant, were both ineffectual. No demand was made till ten days after the maturity of the note, and then, and not till then,- was notice given to Small. If the demand had been made in season, still the notice to' the defendant was very, clearly too late. If there were no other facts in the case, the action certainly could not fee maintained. We must then-’examine and…
2Cases cited5 opinions
- Baker v. WheatonMassachusetts Supreme Judicial Court · 1809
- Woodbridge v. BrighamMassachusetts Supreme Judicial Court · 1816
- Blake v. SewellMassachusetts Supreme Judicial Court · 1799
- Boylston v. GreeneMassachusetts Supreme Judicial Court · 1812
- Hussey v. FreemanMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Whittier v. CollinsSupreme Court of Rhode Island · 1885