Bank of America v. Woodworth
New York Supreme Court
ASSUMPSIT on a promissory note, dated Albany, April 17th, 1817, for 2,500 dollars, made by James Kane, payable sixty days after date, to the defendant or his order, en» (jorse¿i by him, and by John Kane, to the plaintiffs. In the margin of the note was written the following words: “Payable at the Bank of America, James Kane.” The cause vvas tried in December, 1818, before the Chief Justice.
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ASSUMPSIT on a promissory note, dated Albany, April 17th, 1817, for 2,500 dollars, made by James Kane, payable sixty days after date, to the defendant or his order, en» (jorse¿i by him, and by John Kane, to the plaintiffs. In the margin of the note was written the following words: “Payable at the Bank of America, James Kane.” The cause vvas tried in December, 1818, before the Chief Justice. The plaintiffs proved the making of the.note, and the endorsement by the defendant, that payment was demanded at the Bank of America on the 19th of June, 1818, which was refused, and that notice of…
1Opinion of the Court
Spehcer, Ch. J.
delivered the opinion of the Court (After stating the facts.) The question made upon the argument is, whether, under these facts, a demand of payment at the bank of America was sufficient ? On the part of the defendant, it was contended, that a personal demand of the maker at his residence, or place of business in Albany, was necessary; that it was not competent to the maker, by any act of his, to alter the place of payment; and there having been no personal demand, nor any demand at the residence or place of business of the maker in Albany, the endorser was discharged. When…
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