Oxnard v. Varnum
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1 of Allegheny county: Of October and November Term, 1885, No. 133. Assumpsit, brought by William Varnum against A. W. Oxnard upon a promissory note drawn by Geo. W. Scranage to the order of A. W. Oxnard, and by him indorsed to G. W. DeCamp, who in turn indorsed it to the plaintiff, William Varnum. Declaration by second indorsee against first indorser.
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Error to the Court of Common Pleas No. 1 of Allegheny county: Of October and November Term, 1885, No. 133. Assumpsit, brought by William Varnum against A. W. Oxnard upon a promissory note drawn by Geo. W. Scranage to the order of A. W. Oxnard, and by him indorsed to G. W. DeCamp, who in turn indorsed it to the plaintiff, William Varnum. Declaration by second indorsee against first indorser. Pleas: 1. No presentment. 2. By the law of the place where the contract was made'and was to be performed the defendant cannot be pursued until the remedies against the maker are exhausted. 3. Payment with…
1Opinion of the CourtJustice Clark
It is undoubtedly true, in general, that to hold the indorsers, a promissory note must at the proper time be presented and payment demanded; if the place of payment be specified, at that place, if not, then at the place where the maker resides, or at his usual and ordinary place of business, and notice of non-payment must be promptly given.
The note in suit was not payable at any particular place ; it was made and dated at Pittsburgh, but the maker neither lived nor had any place of business there. There is some evidence to show that his residence and place of business at the time of the…
2Cases cited6 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Breed v. HillhouseSupreme Court of Connecticut · 1829
- Taylor v. SnyderNew York Supreme Court · 1846
- Trimble v. ThorneNew York Supreme Court · 1819
- Duryee v. DennisonNew York Supreme Court · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fashion Hat Frame Co. v. RingelCalifornia Court of Appeal · 1927
- McCruden v. JonasSupreme Court of Pennsylvania · 1896
- Morgan v. WolstencroftSuperior Court of Pennsylvania · 1895