Bartlett v. . Robinson
New York Court of Appeals
This action is brought against the Defendant herein, as endorser of a promissory note, dated “New York, July 18th, 1860,” made by J. Bryant Smith, which the Defendant endorsed in the following form, viz.: “ Chas. Bobinson, 214 E. 18th st.” At the time he endorsed the note he resided at the place so designated, and continued to reside there to the time of • the trial of the action.
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This action is brought against the Defendant herein, as endorser of a promissory note, dated “New York, July 18th, 1860,” made by J. Bryant Smith, which the Defendant endorsed in the following form, viz.: “ Chas. Bobinson, 214 E. 18th st.” At the time he endorsed the note he resided at the place so designated, and continued to reside there to the time of • the trial of the action. The note was duly presented for payment in the city of New York, where it was payable, and was protested, and on the next day the notary deposited in the post-office, in the city of New York, a notice of such…
1Opinion of the CourtWoodruff, J.
The condition of the liability of the endorser of a promissory note is, that if upon due demand the note is not paid by the maker, the holder shall give .him notice thereof, in order that he may take measures for his own security or protection.
The use of due diligence by the holder to bring such notice home to the endorser stands, by law, in the place of actual notice, even though it be ineffectual, and fails to bring home knowledge to the endorser.
In all eases, then, in which the endorser fails to receive notice (he having done nothing to waive or dispense with it), the question of liability…
2Cited by7 opinions
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- Tyng v. Theological Seminary of the Protestant Episcopal Church in the Diocese of OhioThe Superior Court of New York City · 1880
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