Crossen v. Hutchinson
Massachusetts Supreme Judicial Court
This was a writ of error, brought to reverse a judgment rendered between these parties in the Circuit Court of Common Pleas holden for this county. The original action was assumpsit by Hutchinson as endorsee, against Crossen as endorser, of a promissory note, signed by one Oliver Buggies, dated on the 1st day of January, 1811 and payable to Crossen, or bearer, on or before *the 1st day of October, then next. The declaration contained two counts.
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This was a writ of error, brought to reverse a judgment rendered between these parties in the Circuit Court of Common Pleas holden for this county. The original action was assumpsit by Hutchinson as endorsee, against Crossen as endorser, of a promissory note, signed by one Oliver Buggies, dated on the 1st day of January, 1811 and payable to Crossen, or bearer, on or before *the 1st day of October, then next. The declaration contained two counts. The first count alleged a demand on the maker of the note, and notice of his refusal to pay, in due form. The second averred that at the time of the…
1Opinion of the Court
Sedgwick, J.,
pronounced the judgment of the Court. By the bill of exceptions in this case, it appears that the plaintiff below, to rebut the charge of loches, insisted that it was not incumbent on him, either to demand payment of the maker of the note, or to give notice of non-payment to the endorser, if the jury should be satisfied that the maker of the note was notoriously insolvent, as * well at the time of the assignment of the note, as at the time it fell due. This was the question raised by the counsel, and which should have been resolved by the court. But instead of instructing the…
2Cases cited4 opinions
- Ireland v. KipNew York Supreme Court · 1814
- Barton v. BakerSupreme Court of Pennsylvania · 1815
- Farnum v. FowleMassachusetts Supreme Judicial Court · 1815
- Sandford v. DillawayMassachusetts Supreme Judicial Court · 1813
3Cited by4 opinions
- Hopkins v. LiswellMassachusetts Supreme Judicial Court · 1815
- Bishop v. BradfordSupreme Court of Alabama · 1849
- Groton v. DallheimSupreme Judicial Court of Maine · 1830
- Lawrence v. LangleySuperior Court of New Hampshire · 1843