Otis v. Hussey
Superior Court of New Hampshire
Assumpsit upon a promissory note for $15, made by one Stephen Henderson, payable to the defendant, or order, on demand, with interest, and by the defendant indorsed. The cause was tried here, at February term, 1825, upon the general issue ; when it appeared in evidence, that the defendant indorsed the note in blank and delivered it to one Warren, who passed it to the plaintiff, for a valuable consideration.
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Assumpsit upon a promissory note for $15, made by one Stephen Henderson, payable to the defendant, or order, on demand, with interest, and by the defendant indorsed. The cause was tried here, at February term, 1825, upon the general issue ; when it appeared in evidence, that the defendant indorsed the note in blank and delivered it to one Warren, who passed it to the plaintiff, for a valuable consideration. It also appeared, that the maker was a transient person, having no particular place of abode. The only evidence, that any demand had been made of the maker, or that any inquiry had been…
1Opinion of the CourtRichardson, C. J.
It is extremely well settled, that, in general, no action can be maintained by an endorsee, against the endorser of a promissory note, without a demand of the maker. But in same cases the law receives evidence of a diligent inquiry for the maker, without success, as an excuse for the want of a demand. 12 East 433, Bateman vs. Joseph.
In this case there was no direct evidence shewing any diligence on the part of the plaintiff to find the maker, except the inquiries he made, when he received the note ; and those inquiries are clearly insufficient evidence of themselves to shew such diligence, as…
2Cited by1 opinion
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