Tucker Manufacturing Co. v. Fairbanks
Massachusetts Supreme Judicial Court
Contract against David Fairoanks & Co as drawers of the follow'ng bill of exchange : “ Boston, March 23,1866. §4,469.76. Two months after date pay to the order of Messrs. Hiram Tucker & Co. four thousand four hundred and sixty-nine dollars, value received, and charge the same to account of “ David Fairbanks & Co., “ Agts. Piscataqua F. & M. Ins. Co. “ To Piscataqua F. & M. Ins. Co., So. Berwick, Me.”
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Contract against David Fairoanks & Co as drawers of the follow'ng bill of exchange : “ Boston, March 23,1866. §4,469.76. Two months after date pay to the order of Messrs. Hiram Tucker & Co. four thousand four hundred and sixty-nine dollars, value received, and charge the same to account of “ David Fairbanks & Co., “ Agts. Piscataqua F. & M. Ins. Co. “ To Piscataqua F. & M. Ins. Co., So. Berwick, Me.” Across the face of the draft was written, “ Accepted for the Treasurer, David Fairbanks, President; ” and on the back, “ Payable in Boston, Hiram Tucker & Co.” Trial by jury was waived, and the…
1Opinion of the CourtGray, J.
1. The facts proved at the trial were amply sufficient to warrant the finding that presentment for acceptance and notice of nonpayment had been waived. The defendants knew that the bill would not be paid at maturity, and so informed the plaintiffs; and the plaintiffs had the right to rely upon the information so received and omit a useless ceremony which could be of no benefit to themselves or to the defendants. Brett v. Levett, 13 East, 213. Barker v. Parker, 6 Pick. 80 Spencer v. Harvey, 17 Wend. 489.
*1042. Tt is equally clear that the liability of the defendants as drawers of a negotiable…
2Cases cited8 opinions
- Barker v. Mechanic Fire InsuranceNew York Supreme Court · 1829
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
- Johnson v. SmithSupreme Court of Connecticut · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Bartlett v. TuckerMassachusetts Supreme Judicial Court · 1870
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
- J. P. Eustis Manufacturing Co. v. Saco Brick Co.Massachusetts Supreme Judicial Court · 1908
- Jump v. SparlingMassachusetts Supreme Judicial Court · 1914
39 more not listed; retrieve them via the Exa API.