Bank of Geneva v. Howlett
New York Supreme Court
This was an action of assumpsit against the defendant as the endorser of a promissory note, tried at the Onondaga circuit in February, 1828, before the Hon. Enos T. Throop, then one of the circuit judges. The defendant was the endorser of a promissory note for #1250, due at the bank of Geneva on 25th March, 1826, which was protested for non-payment; and the principal question in the case was, whether due notice of non-payment was given to the defendant.
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This was an action of assumpsit against the defendant as the endorser of a promissory note, tried at the Onondaga circuit in February, 1828, before the Hon. Enos T. Throop, then one of the circuit judges. The defendant was the endorser of a promissory note for #1250, due at the bank of Geneva on 25th March, 1826, which was protested for non-payment; and the principal question in the case was, whether due notice of non-payment was given to the defendant. The cashier of the bank testified that he as notary protested the note ; that when it was presented for discount he was a teller in the bank…
1Opinion of the Court
By the Court,
Sutherland, J.
The verdict is clearly against the weight of evidence. Charles A. Cook, the cashier and notary of the bank, testified that he regularly protested the note on the day it became due, and sent notice thereof on the same day to the defendant, directed to him at Geddesburgh, and put the notice in the post office at Geneva. He did not recollect whether he put the county on the notice of protest, but it was his custom to do so.
It was shewn, on the part of the defendant, that the legal name of the post office near which the defendant resided was Geddes, not Geddesburgh; but…
2Cases cited3 opinions
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- President of the Maine Bank v. ButtsMassachusetts Supreme Judicial Court · 1812
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- Seneca County Bank v. NeassNew York Supreme Court · 1848
- Remer v. DownerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Selma & Tennessee Rail Road v. TiptonSupreme Court of Alabama · 1843
- Montgomery County Bank v. . MarshNew York Court of Appeals · 1852
- Timms v. DelisleIndiana Supreme Court · 1840
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