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80 Me. 95

Hart v. McLellan

Supreme Judicial Court of Maine

Decided January 27, 1888

Supreme Judicial Court of Maine · decided 1888-01-27

On report. Assumpsit by an indorsee against the indorser of a promissory note dated at Cincinnati, October 1, 1884, for $1000, payable to the order of the defendant in two years with interest.

Decided 1888-01-27

Haskell, J.

¶1Assumpsit against the indorser of a negotiable promissory note payable at aplace certain.

¶2A careful consideration of the evidence fails to show legal notice to the defendant of the dishonor of the note.

¶3The 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.

¶4Judgment for defendant.

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