Gilpin v. . Savage
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 28, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Presentment of the note herein at the place of payment was a condition precedent to the liability of this defendant as an indorser thereon.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 28, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Presentment of the note herein at the place of payment was a condition precedent to the liability of this defendant as an indorser thereon. (Parker v. Strand, 98 N. Y. 379; Ferner v. Williams, 37 Barb. 9; C. N. Bank v. Holt & Co., 7 Penn. C. C. Rep. 485.) To constitute due…
1Opinion of the Court
Cullen, Ch. J.
The action is brought against the indorser of a promissory note made payable at a particular place designated by street and number, which was the residence of the maker. The only question in the case is whether the presentment to the maker was sufficient to charge the indorser. At the maturity of the note it was in the hands of the Columbia National Bank, which was located about two miles from the maker’s residence, in Buffalo. After some delays the cashier of the bank succeeded in calling up the maker at his place of residence. Tie stated to him that the bank held the note, and…
2Cases cited4 opinions
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
- Parker v. . StroudNew York Court of Appeals · 1885
- Woodbridge v. BrighamMassachusetts Supreme Judicial Court · 1816
3Cited by19 opinions
- Ronald Couch v. United StatesCourt of Appeals for the D.C. Circuit · 1956
- City of Jefferson City, Mo. v. Cingular WirelessCourt of Appeals for the Eighth Circuit · 2008
- New York Bronze Powder Co. v. Benjamin Acquisition Corp.Court of Appeals of Maryland · 1998
- Lowman v. . BallardSupreme Court of North Carolina · 1915
- Porter v. East Jordan Realty Co.Michigan Supreme Court · 1920
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