Legal Opinion · Dissent

Foster v. . Julien

New York Court of Appeals

Decided December 5, 1861Published

Appeal from the Supreme Court. Action upon a promissory note made by one George Vanden, payable to the order of the defendant, and by him indorsed. The note was dated at" New York, where the maker resided at the time, and the indorser resided in the same city. The note was dated May 3, 1855, and had three months to run.

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Appeal from the Supreme Court. Action upon a promissory note made by one George Vanden, payable to the order of the defendant, and by him indorsed. The note was dated at" New York, where the maker resided at the time, and the indorser resided in the same city. The note was dated May 3, 1855, and had three months to run. About the middle of June following, the maker removed to the State of New Jersey, and continued to reside there until September 24th, 1855. The note fell due August 6th, and was protested, and notice of protest duly given to the defendant. From the facts found by Judge…

1DissentMason, J.

(Dissenting.) Upon the facts of this case as.found, the only question for review in this court is, whether wher§ a note is made by a resident of this State without any place of payment designated, who, before the note is payable, re; moves from the State and takes up a permanent residence in another State, the holder of the note is bound to present it for payment at the last place of residence of the maker within the State in order to charge the indorser. The question has never been- directly decided by the courts of this State, and it is proper therefore to look somewhat into the principles…

2Cases cited6 opinions

  1. Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
  2. Taylor v. SnyderNew York Supreme Court · 1846
  3. Duncan v. M'CulloughSupreme Court of Pennsylvania · 1818
  4. Reid v. MorrisonSupreme Court of Pennsylvania · 1841
  5. Lehman v. JonesSupreme Court of Pennsylvania · 1841

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