Ray v. Smith
Supreme Court of the United States
Error to the District Court for the Middle District of Alabama; the case being thus: Smith, in November, 1866, sued Bay in the court below as the indorser of two negotiable notes, made by one Hark-away. The notes were both dated April 12th, 1861, and were made payable at the Bank of Mobile, one on the 1st day of March, 1862, and the other on the 1st day of November, in the same year.
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Error to the District Court for the Middle District of Alabama; the case being thus: Smith, in November, 1866, sued Bay in the court below as the indorser of two negotiable notes, made by one Hark-away. The notes were both dated April 12th, 1861, and were made payable at the Bank of Mobile, one on the 1st day of March, 1862, and the other on the 1st day of November, in the same year. Both the maker and the indorser were then, and continued to be, citizens of the State of Alabama; and the holder of the notes was, and continued to be, a citizen of the State of New York. When the notes fell due…
1Opinion of the CourtJustice Strong
Whether timely presentment of the notes was made to the maker, and whether due notice of their dishonor was given to the defendant who had indorsed them, are questions which were not submitted to the jury. The court below appears to have been of opinion, that in view of the facts given in evidence, neither demand of payment nor notice to the indorser ivas necessary to justify a recovery against him. The jury was instructed in substance, that even if there was no legal demand and notice, the want of th,em ivas sufficiently excused; and that the plaintiff was entitled to a Amrdict for the…
2Cited by8 opinions
- Northern Pacific Railroad v. UrlinSupreme Court of the United States · 1895
- Robert O. Waldron v. United StatesCourt of Appeals for the D.C. Circuit · 1955
- Witherow v. . SlaybackNew York Court of Appeals · 1899
- Graziani v. ArundellDistrict Court, District of Columbia · 1924
- Union Pac. Ry. Co. v. ReeseCourt of Appeals for the Ninth Circuit · 1893
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