Downer v. Remer
New York Supreme Court
This was an action of assumpsit tried at the Wayne circuit before the Hon. Daniel Moselet, one of the circuit judges. The defendant was sued as the endorser of a promissory note made by one James Young, for the sum of $560, dated 20th April, 1835, payable at the Chemung Canal Bank at Elmira, eighteen months after date, with interest after six months from date.
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This was an action of assumpsit tried at the Wayne circuit before the Hon. Daniel Moselet, one of the circuit judges. The defendant was sued as the endorser of a promissory note made by one James Young, for the sum of $560, dated 20th April, 1835, payable at the Chemung Canal Bank at Elmira, eighteen months after date, with interest after six months from date. On 22d October, 1836, when the note came to maturity, payment was demanded at the Chemung Canal Bank, by the teller thereof, and notice of demand and non-payment was deposited m the post office at Elmira, directed to the defendant…
1Opinion of the Court
By the Court,
Bronson, J.
The statute declaring a notice of non-payment sufficient, directed to a city or town where the person sought to be charged by such notice resided at the time of drawing, making or endorsing a bill of exchange or promissory note, Statutes, sess. of 1835, p. 152, being passed after the making of this note, cannot aid the plaintiff on the question whether the notice of non-payment was properly directed.
Notice of the dishonor of a bill or note should be so given that it will be likely to reach the drawer or endorser without delay. Where the parties reside in different…
2Cases cited3 opinions
- Bank of Utica v. DavidsonNew York Supreme Court · 1830
- Cuyler v. NellisNew York Supreme Court · 1830
- Bank of Rochester v. GouldNew York Supreme Court · 1832
3Cited by5 opinions
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- Hazelton Coal Co. v. RyersonSupreme Court of New Jersey · 1843
- Manchester Bank v. WhiteSuperior Court of New Hampshire · 1855
- President of Cabot Bank v. RussellMassachusetts Supreme Judicial Court · 1855
- Ransom & Ransom v. MackNew York Supreme Court · 1842