Howard v. Van Gieson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert S. Howard, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 26th day of April, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of April, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The action was brought on a promissory note dated the 5th day of January, 1898, made by one Starbird to the plaintiff and indorsed by the defendant. When it fell dne it was presented for payment but was dishonored. A notary prepared notices of protest in the proper form and addressed them to the plaintiff, the payee of the note, at his place of residence. One of these notices was for the plaintiff himself, and the Other was intended to be for the defendant, but the notary, instead of addressing it to Ira Van Gieson, addressed it to “ Waran Gilson,” which was his reading of the…
2Cases cited1 opinion
- Baird v. . GillettNew York Court of Appeals · 1872
3Cited by1 opinion
- Howard v. Bank of the MetropolisAppellate Division of the Supreme Court of the State of New York · 1905