Bank of Cooperstown v. . Woods
New York Court of Appeals
Action on a promissory note made by Orrin North, for $2000, payable to the order of the defendant Woods, and' indorsed by him and by the defendant Dayton. It was dated at Cooperstown, July 16, 1857, and was payable at the office of Townsend, Clark & Co., No. 180 Broadway, New York, forty days after date.
Read the full summary
Action on a promissory note made by Orrin North, for $2000, payable to the order of the defendant Woods, and' indorsed by him and by the defendant Dayton. It was dated at Cooperstown, July 16, 1857, and was payable at the office of Townsend, Clark & Co., No. 180 Broadway, New York, forty days after date. It matured the 28th of August, and was on that day presented by the clerk of a notary public, at the office of Townsend, Clark & Co., to a person in charge of the office and who attended to the books and-papers, who took it and examined it and replied that there were no funds there to pay it.…
1Opinion of the Court
Denio, Ch. J.
It was not shown, and the evidence which Was offered and excluded Would not have proved, that the plaintiff, at the time the note sued on matured, held another note made by Orrin North and indorsed by the defendants. The only other such note which the plaintiff is supposed .to have held .matured about a month prior to that time. It was not offered to be proved that it had been protested for nonpayment, or had not been. The offer was not to show that it was in fact outstanding when the note sued on matured; but only that the defendants did not then know but that it was'…
2Cases cited1 opinion
- Home Insurance Company v. . GreenNew York Court of Appeals · 1859
3Cited by2 opinions
- Oppenheimer v. RobertsAppellate Division of the Supreme Court of the State of New York · 1916
- Deitsch v. George R. Gibson Co.Court of Appeals for the Eighth Circuit · 1907