Barton v. Baker
Supreme Court of Pennsylvania
ASSUMPSIT by the plaintiff as indorsee of a promis»sory note, against the defendant as indorser. It appealed in evidence at the trial, that the note was drawn on the 2d June, 1808, by James Brown & Co., in favour of John Bakery the defendant, by whom it was indorsed, and that it was payable in four years after date : That the house of James Brown Es? Co., which was composed of James Brown and Armat Brown, was insolvent at the time the note was drawn, and continued to be so…
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ASSUMPSIT by the plaintiff as indorsee of a promis»sory note, against the defendant as indorser. It appealed in evidence at the trial, that the note was drawn on the 2d June, 1808, by James Brown & Co., in favour of John Bakery the defendant, by whom it was indorsed, and that it was payable in four years after date : That the house of James Brown Es? Co., which was composed of James Brown and Armat Brown, was insolvent at the time the note was drawn, and continued to be so until it become due : That it was given for a debt previously contracted, and was received on the credit of Baker only:…
1Opinion of the Court
Tilghman C. J.
The objection to the verdict in this case, is, that due notice of non-payment by the maker of the note <on which the action is founded, was not given to the defendant who was the indorser. It is confessed that due notice was not given; but the plaintiff contends, that under the circumstances of the case, notice was not necessary. The circumstance principally relied on at the trial, and on which the plaintiff had the charge of the court in his favour, is, that at the time when the note was made and indorsed, and also at *336the time when it fell due, it was known to the defendant…
2Cases cited2 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Jackson v. RichardsNew York Supreme Court · 1805
3Cited by14 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Mechanics' Bank of N. Y. v. GriswoldNew York Supreme Court · 1831
- Gibbs v. CannonSupreme Court of Pennsylvania · 1823
- Sandford v. DillawayMassachusetts Supreme Judicial Court · 1813
- Crossen v. HutchinsonMassachusetts Supreme Judicial Court · 1812
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