Porter v. Ingraham
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note signed by James M. Ingraham and John Goold, on the 18th of November, 1809, payable to the defendant or order, and by him duly endorsed to the plaintiff, for the sum of 225 dollars, payable in one year with interest.
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Assumpsit on a promissory note signed by James M. Ingraham and John Goold, on the 18th of November, 1809, payable to the defendant or order, and by him duly endorsed to the plaintiff, for the sum of 225 dollars, payable in one year with interest. Trial was had upon the general issue at the last October term in this county, before Thatcher, J. The plaintiff, to maintain the issue on his part, read the note in evidence, and proved a demand on the promisors when the same became due, and seasonable notice to the defendant of the nonpayment by the promisors. The defendant read a judgment of the…
1Opinion of the CourtSew all, J.
The defendant relies on the decision of this Court in the case of Gilmore vs. Carr. There, separate actions having been commenced by the endorsee of a negotiable note, against the promisor and endorser, a judgment recovered against the endorser, and execution thereon returned satisfied, was considered as a defence in the action against the promisor; and he recovered a judgment for costs against * the plaintiff. That decision [ * 90 ] recognizes a practice essentially variant from the English practice, and from what is said to be the practice in Pennsylvania. (4)
*102Where separate actions are…
2Cases cited3 opinions
- Bank of the United States v. TylerSupreme Court of the United States · 1830
- Hanna v. PeggIndiana Supreme Court · 1822
- Ivey v. SandersonSupreme Court of Alabama · 1838