Seacord v. Miller & Miller
New York Court of Appeals
Action in the supreme court against Nicholas Miller as the maker, and Leonard P. Miller as the endorser of a promissory note, dated the 2d of April, 1850, for $125 and interest, and payable in eighteen months from date. The complaint, after stating the making and endorsement of the note, alleged that it was at maturity presented for payment, which was refused, and notice thereof was thereupon given to the endorser. The answer denied the complaint.
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Action in the supreme court against Nicholas Miller as the maker, and Leonard P. Miller as the endorser of a promissory note, dated the 2d of April, 1850, for $125 and interest, and payable in eighteen months from date. The complaint, after stating the making and endorsement of the note, alleged that it was at maturity presented for payment, which was refused, and notice thereof was thereupon given to the endorser. The answer denied the complaint. The cause was tried at the Westchester county circuit, in 1852, before Mr Justice Brown and a jury. The note was read in evidence, and it appeared…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Although the jury have not found a general verdict in this case, the facts specially found are clearly sufficient to require a judgment to be rendered against Nicholas Miller, the maker of the note in suit. As to Leonard P. Miller, the endorser, the question is whether he can be charged, in the absence of a demand upon the maker for payment at the time when the note became due, and of notice of non-payment to him the endorser. It is contended, on the part of the…
2Cases cited1 opinion
- Spencer v. HarveyNew York Supreme Court · 1837
3Cited by5 opinions
- Grandison v. RobertsonCourt of Appeals for the Second Circuit · 1916
- Gawtry v. DoaneNew York Supreme Court · 1866
- Clift v. RodgerNew York Supreme Court · 1881
- First National Bank of Binghamton v. BakerAppellate Division of the Supreme Court of the State of New York · 1914
- Whittier v. CollinsSupreme Court of Rhode Island · 1885