Berry v. Robinson
New York Supreme Court
THIS was an action of assumpsit, on a promissory note, dated file 25th August, 1803, made by one J. B. for 56 dollars, payable to the defendant or his order, in one year after date, with interest, The declaration stated that the defendant, before the payment the money mentioned in the note, or any part thereof, and after the time appointed by the note, for the payment thereof had elapsed, to wit, on the 17th May, 1808, for value received, endorsed the note, and thereby…
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THIS was an action of assumpsit, on a promissory note, dated file 25th August, 1803, made by one J. B. for 56 dollars, payable to the defendant or his order, in one year after date, with interest, The declaration stated that the defendant, before the payment the money mentioned in the note, or any part thereof, and after the time appointed by the note, for the payment thereof had elapsed, to wit, on the 17th May, 1808, for value received, endorsed the note, and thereby appointed the contents of the note to * * * be paid to the plaintiff, &c. That the maker had not paid the money, but had…
1Per curiam
The plaintiff was properly nonsuited, for not
proving demand of payment on the maker, and notice of his default to the endorsor. Though the note was endorsed long after it was due, yet the endorsee took it subject to this condition. The books make no distinction, on this point, whether a note be endorsed before or after it is due. The endorsement, in every case, where a drawer really exists, is a conditional contract to pay in the event of a demand, or due diligence to make a demand on the maker, and his default. It was equivalent in this case, to an order on the drawer to pay the amount. The…
2Cited by16 opinions
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- Leavitt v. . PutnamNew York Court of Appeals · 1850
- Davis v. FranciscoSupreme Court of Missouri · 1848
- M'Kinney v. CrawfordSupreme Court of Pennsylvania · 1822
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