Van Vechten v. . Pruyn
New York Court of Appeals
Appeal from a judgment of the supreme court, upon a case made by the parties, and submitted to the court pursuant to ^ 372 of the Code of Procedure. The judgment was rendered at a general term in the 3d district, in favor of the defendant. The plaintiffs appealed to this ecurt. ■ The sole question was whether the defendent was duly charged as the endorser of three promissory notes made by one J. V., payable at the Catskill Bank to the order of and endorsed' by the defendant.
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Appeal from a judgment of the supreme court, upon a case made by the parties, and submitted to the court pursuant to ^ 372 of the Code of Procedure. The judgment was rendered at a general term in the 3d district, in favor of the defendant. The plaintiffs appealed to this ecurt. ■ The sole question was whether the defendent was duly charged as the endorser of three promissory notes made by one J. V., payable at the Catskill Bank to the order of and endorsed' by the defendant. The notes were respectively discounted by the Catskill Bank,' and each at maturity was duly presented at that bank for…
1Opinion of the Court
The precise question in this case is whether the endorser of a note, whose known residence is in the same village where the note is held and protested, and who is at home three days in the week, can be charged by a notice of protest directed to him by mail in a distant town or city where his place of business is, where he spends the residue of his time and receives letters and papers, there being no evidence that the notice actually reached him in due time so as to render it equivalent to personal service. I can find no authority for charging him by such a notice, and I think no principle can…
2Cases cited6 opinions
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Remer v. DownerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Bank of Geneva v. HowlettNew York Supreme Court · 1830
- Ireland v. KipNew York Supreme Court · 1813
- Cuyler v. NellisNew York Supreme Court · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Judicial Settlement of the Account of Proceedings of MandelbaumNew York Surrogate's Court · 1913
- Traders' National Bank v. JonesAppellate Division of the Supreme Court of the State of New York · 1905
- Manchester v. Van BruntNew York Court of Common Pleas · 1893
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883