Massachusetts Supreme Judicial Court, 1893

Swampscott Machine Co. v. Rice

Swampscott Machine Co. v. Rice
Massachusetts Supreme Judicial Court · Decided June 21, 1893 · Holmes
159 Mass. 404; 34 N.E. 520; 1893 Mass. LEXIS 167
Swampscott Machine Co. v. Rice

Cases that cite this one

15 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Holmes, J.

If the certificate of the notary public that he “ duly ” notified the indorsers is insufficient, taken with the context, to import that he did his duty and sent the notice in due time, as is intimated in Peabody Ins. Co. v. Wilson, 29 W. Va. 528, 563, the fact is shown by the date of the certificate, which is July 30, the very day of the demand. The plaintiff’s *406bookkeeper received it at the date of the maturity of the note, and at once put it into a box in the office, stamped, and with a direction for return if not delivered in five days. It was the regular course of business for an office boy to carry the letters from this box to the post office. The letter never was returned. This was evidence that the notice was sent and received. Dana v. Kemble, 19 Pick. 112. Skilbeck v. Garbett, 7 Q. B. 846. The other exception is waived. Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.