Halliday v. Martinet
New York Supreme Court
IN ERROR, to the Court of Common Pleas, or May- or’s Court, of the city of New-York. Halliday brought an action of assumpsit against Martinet, in the Court below, as indorser of two promissory notes; the one dated the 2d of July, 1814, at New-York, made by one Be Bruges, for one hundred dollars, payable to the defendant, or order, sixty days after date ; the other, of the same date, for the same sum, payable to the defendant, four months after date. notes became due and…
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IN ERROR, to the Court of Common Pleas, or May- or’s Court, of the city of New-York. Halliday brought an action of assumpsit against Martinet, in the Court below, as indorser of two promissory notes; the one dated the 2d of July, 1814, at New-York, made by one Be Bruges, for one hundred dollars, payable to the defendant, or order, sixty days after date ; the other, of the same date, for the same sum, payable to the defendant, four months after date. notes became due and payable, to wit, &c. 66 diligent search and inquiry was made after De Bruges, the maker, at the city of New-York, and…
1Opinion of the CourtWoodworth, J.
This is a writ of error to the Mayor’s Court of JYewYork. On the trial, the Recorder directed a nonsuit, on the ground that the evidence offered by the plaintiff was not sufficient to support the issue.
The first question is, whether due diligence has been used to demand payment of the maker. If it has, then, whether there is competent evidence to charge the indorser ?
The notes were protested in 1814, by William Bleecker, a notary, now deceased. The protest states, that he went with the original notes, and made inquiry for Be Bruges, the maker, in order to demand payment; but he could not find…
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