Welsh v. Barrett
Massachusetts Supreme Judicial Court
This was assumpsit by the plaintiff as endorsee, against the defendant as endorser, of a promissory note dated the 26th of November, 1814, payable in sixty days with grace. Trial upon the general issue at the last November term. The note was lodged in the State Bank for collection.
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This was assumpsit by the plaintiff as endorsee, against the defendant as endorser, of a promissory note dated the 26th of November, 1814, payable in sixty days with grace. Trial upon the general issue at the last November term. The note was lodged in the State Bank for collection. The plaintiff, being called upon to prove a demand upon Peter Dicker-man, the maker of the note, and reasonable notice to the defendant as endorser, stated that the messenger of the bank, who had delivered the usual printed notice, was dead, and proved his death. He then proved by the cashier of said bank that,…
1Opinion of the CourtParker, C. J.
The question presented in this case appeared to us at first to require but little attention ; because the person who is supposed to have given the notice being dead, and a memorandum sworn to have been in his hand-writing, in a book kept by him for that purpose, having been produced, it was thought to fall within the general rule which requires the best ev idence the nature of the case admits of.
What a person, having in charge a particular trust or duty, does in pursuance of that trust or duty, is a fact which may be proved by other testimony than that of the party who does the act, when he…
2Cases cited5 opinions
- Nicholls v. WebbSupreme Court of the United States · 1823
- Tayloe v. RiggsSupreme Court of the United States · 1828
- Jackson v. FrierNew York Supreme Court · 1819
- Chamberlain v. GorhamNew York Supreme Court · 1822
- Coleman v. WolcottSupreme Court of Connecticut · 1810
3Cited by2 opinions
- Gawtry v. . DoaneNew York Court of Appeals · 1872
- State v. PhairSupreme Court of Vermont · 1875