Townsend v. Auld
New York Court of Common Pleas
Appeal from city court, general term. Action by William J. Townsend against Thomas Auld on a promissory note. From a judgment of the city court (28 FT. Y. Supp. 746) affirming a judgment on a verdict directed for plaintiff, defendant appeals.
1Opinion of the CourtPryor, J.
Action on promissory note against indorser. Defense, no notice of dishonor. The note was payable at the Tarrytown Rational Bank, Tarrytown, N. Y. A notarial certificate of dishonor was introduced in evidence, but, although purporting to be in conformity to the provisions of section 923 of the Code of Civil Procedure, it failed to specify “the reputed place of business of the defendant,” and “the post office nearest thereto.” The defendant served no affidavit that he had not received notice of dishonor, and the point presented for decision is, whether, because of the absence of the…
2Cases cited8 opinions
- Gawtry v. . DoaneNew York Court of Appeals · 1872
- Mechanics Traders' Nat. B'k v. . CrowNew York Court of Appeals · 1875
- Arnold v. Rock River Valley Union RailroadThe Superior Court of New York City · 1856
- Manchester v. Van BruntNew York Court of Common Pleas · 1893
- Mechanics' & Traders' Bank v. CrowNew York Court of Common Pleas · 1874
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3Cited by5 opinions
- Henry H. Cross Co. v. Bell Oil & Gas Co.Supreme Court of Oklahoma · 1928
- World of Food, Inc. v. New York World's Fair 1964-1965 Corp.New York Supreme Court · 1964
- Solomon v. Family Food Thrift Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1956
- Townsend v. AuldNew York Court of Common Pleas · 1895
- Union Trust Co. v. BarnhardtAppellate Division of the Supreme Court of the State of New York · 1935