Jones v. Fales
Massachusetts Supreme Judicial Court
Assumpsit upon four several promissory notes, two of which were made by Fales payable to William Clap or order, and by him endorsed to the plaintiff, and the other two made by Clap payable to Fales or his order, and endorsed by Fales to the plaintiff. Upon non assumpsit pleaded, the cause was tried before Parker, J., at the last November term, and a verdict given for the plaintiff upon all the counts.
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Assumpsit upon four several promissory notes, two of which were made by Fales payable to William Clap or order, and by him endorsed to the plaintiff, and the other two made by Clap payable to Fales or his order, and endorsed by Fales to the plaintiff. Upon non assumpsit pleaded, the cause was tried before Parker, J., at the last November term, and a verdict given for the plaintiff upon all the counts. It appears from the report of the judge, that with respect to the two first-mentioned notes, upon which the defendant was the promisor, no question arose. With respect to the two others, upon…
1Opinion of the Court
[*251] * The Court delivered their opinions seriatim as follows: —
Parsons, C. J.
Assumpsit on four several promissory notes. Of two of the notes, Fales, the defendant, is the promisor; of the other two he is the endorser, William Clap being the promisor. The objections to the verdict arise on the counts upon these last notes. One of them was payable “ in sixty days and grace,” and the other “ in four months and grace.” They were both lodged for collection in a public bank in Boston, where all the parties to these notes live. On the first day of grace, the bank gave the promisor notice that the…
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