Supreme Judicial Court of Maine, 1888

Hart v. McLellan

Hart v. McLellan
Supreme Judicial Court of Maine · Decided January 27, 1888 · Foster, Haskell, Libbet, Peters, Virgin, Walton
80 Me. 95; 13 A. 272; 1888 Me. LEXIS 20

Hart v. McLellan

Opinion of the Court

Haskell, J.

Assumpsit against the indorser of a negotiable promissory note payable at aplace certain.

A careful consideration of the evidence fails to show legal notice to the defendant of the dishonor of the note.

The notice seasonably mailed was not addressed to a post-office in the city of defendant’s residence, nor, as the authorities cited by defendant’s counsel clearly show, was reasonable diligence used to ascertain the defendant’s proper address.

Judgment for defendant.

Peters, C. J., Walton, Virgin, Libbet and Foster, JJ., concurred.

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