Henry v. Jones
Massachusetts Supreme Judicial Court
Case by the endorsee against the endorser of a promissory note, with an additional count for money had and received. On a trial upon the general issue, which was had before Parker, J., November term, 1810, a verdict was taken for the plaintiff, subject to the opinion of the Court on the following facts reported by the judge who sat at the trial: — Timothy Whiting made his promissory note for 5000 dollars, dated March 4th, 1809, payable to the defendant or his order in sixty…
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Case by the endorsee against the endorser of a promissory note, with an additional count for money had and received. On a trial upon the general issue, which was had before Parker, J., November term, 1810, a verdict was taken for the plaintiff, subject to the opinion of the Court on the following facts reported by the judge who sat at the trial: — Timothy Whiting made his promissory note for 5000 dollars, dated March 4th, 1809, payable to the defendant or his order in sixty days with interest. On the same day Jones endorsed the note to Henry. In the afternoon of the 2d day of May, 1809, at…
1Opinion of the Court
By the Court.
The endorser is not chargeable upon his endorse*378ment unless the holder can show a demand regularly made on the promiser on the day the note falls due, or due diligence to make such demand. — Where a note is payable in a certain number of days from, the date or from the day of the date, the day of the date is to be excluded in the computation. In the case at bar, the note was made payable in sixty days, without adding, as is customary, from the date. But the intention is apparant; and the Court will supply the omission. The meaning must be the same as in sixty days from the date;…
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