Cuyler v. Stevens
New York Supreme Court
Error from the Albany mayor’s court. Stevens sued the Cuylers as the endorsers of a promissory note, made by one Squire, for $200, bearing date 1st April, 1828, and payable in ninety days. On the third day of July payment was demanded at the lodgings of the drawer in Troy, and at his dwelling house in Greenbush, where his family resided, and refused.
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Error from the Albany mayor’s court. Stevens sued the Cuylers as the endorsers of a promissory note, made by one Squire, for $200, bearing date 1st April, 1828, and payable in ninety days. On the third day of July payment was demanded at the lodgings of the drawer in Troy, and at his dwelling house in Greenbush, where his family resided, and refused. On the fourth of July, about dusk in the evening, an agent of the plaintiff called at the store of the defendants, in the city of Albany, for the purpose of giving notice of non-payment, and found it shut. On the fifth of July the agent shewed…
1Opinion of the Court
*567 By the Court,
Sutherland, J.
The only question in this case is whether notice of the dishonor of the note by the maker was given in due season to the endorsers.
It is not necessary that notice of the dishonor of a bill or note should be in writing ; verbal notice is sufficient. (Chitty on Bills, 285. 1 Maule & Selw. 545.)
If the third day of grace fall on Sunday, or a great holiday, or a day of public rest, as Christmas, or Good Friday, in England, the demand must be made on the day preceding; (1 Lord Raym. 743; 2 Caines’ Rep. 343; 6 Wheat. 102;) and in Lewis v. Burr, (2 Caines’ Cas. in Err.…
2Cases cited1 opinion
- Bussard v. LeveringSupreme Court of the United States · 1821
3Cited by15 opinions
- Cayuga County Bank v. Warden & GriswoldNew York Court of Appeals · 1848
- Woodin v. FosterNew York Supreme Court · 1853
- Bank of Cooperstown v. . WoodsNew York Court of Appeals · 1863
- Barlow v. GregorySupreme Court of Connecticut · 1863
- Glasgow v. PratteSupreme Court of Missouri · 1843
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