Hopkins v. Liswell
Massachusetts Supreme Judicial Court
Assumpsit against the defendant as indorser of a promissory note signed by-Arnold, and made payable to the defendant or bis order, in three months from its date, which was the 14th of April, 1812, with interest after the expiration of that term. At the trial, which was had on the general issue, before the Chief Justice, at the last November term in this county, it appeared, that Arnold, the maker, lived at Bath, in the county of Lincoln.
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Assumpsit against the defendant as indorser of a promissory note signed by-Arnold, and made payable to the defendant or bis order, in three months from its date, which was the 14th of April, 1812, with interest after the expiration of that term. At the trial, which was had on the general issue, before the Chief Justice, at the last November term in this county, it appeared, that Arnold, the maker, lived at Bath, in the county of Lincoln. The defendant, at the time of making the note, lived in Boston, but had since removed to Harvard, in the county of Worcester. At the time the note was made…
1Per curiam
We have no doubt that the to pay the note, which was proved at the trial, amounted to a waiver of any excuse on account of the want of demand upon the promissor. A promise of this sort, to be binding, must be made with a knowledge *55of the circumstances which operate to discharge the party ; and the jury, in this case, have decided that there was such knowledge.
There is no doubt that the defendant, at the time of indorsing the note, intended to be responsible, even if there should be no call upon Arnold; and, although he cannot be holden as guarantor upon a note, which he in form had signed *…
2Cases cited3 opinions
- President of the Berkshire Bank v. JonesMassachusetts Supreme Judicial Court · 1810
- Warder v. TuckerMassachusetts Supreme Judicial Court · 1811
- Crossen v. HutchinsonMassachusetts Supreme Judicial Court · 1812
3Cited by12 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Breed v. HillhouseSupreme Court of Connecticut · 1829
- Kennon v. M'ReaSupreme Court of Alabama · 1838
- Sigerson v. MathewsSupreme Court of the United States · 1858
- Van Derveer v. WrightNew York Supreme Court · 1849
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