Reedy v. Seixas
New York Supreme Court
This was an action by an endorsee against an endorsor of a promissory note. At the trial, the note in question was produced ; which was for 1216 dollars and 50 *cents. At the bottom of the note, were the figures 1216 dollars and 52 cents; and the notary, in the notice given by him to the endorsor, of the non-payment, had expressed the latter sum. It was objected, that the notice did not refer to the same note.
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This was an action by an endorsee against an endorsor of a promissory note. At the trial, the note in question was produced ; which was for 1216 dollars and 50 *cents. At the bottom of the note, were the figures 1216 dollars and 52 cents; and the notary, in the notice given by him to the endorsor, of the non-payment, had expressed the latter sum. It was objected, that the notice did not refer to the same note. The judge left it to the jury, whether the note produced and the one described and intended by the notice were the same ; and the jury found a verdict for the plaintiff. A motion was…
1Per curiam
The question was properly left to the jury. The law does not prescribe any form of notice to an endorsor. It is not, perhaps, requisite, to specify the amount of *338the note. The notice was sufficient to put the defendant on inquiry, and'to prepare him to pay it or defend. It is enough if the jury was satisfied that the notice referred to the same note intended by the plaintiff, and was so understood by the defendant. It was incumbent on the defendant to show some uncertainty in the notice, tending to mislead him ,* as other notes endorsed by him under similar circumstances. The motion must be…
2Cases cited2 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
3Cited by7 opinions
- Bank of the United States v. SmithU.S. Circuit Court for the District of District of Columbia · 1822
- Eagle Bank v. ChapinMassachusetts Supreme Judicial Court · 1825
- Gill v. PalmerSupreme Court of Connecticut · 1860
- Lennig v. TobeySupreme Court of Pennsylvania · 1851
- Routh v. RobertsonMississippi Supreme Court · 1848
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