President of Merchant's Bank v. Birch
New York Supreme Court
THIS was an action of ayeumpeii. brought by the plaintiffs, as endorsers oí a promissory note*, against tne udcivmijis, ••⅝ executors of the endorser; and was tried the 1th of I ffrmtfr, Hbd. at the jVuc- Y< I: sittings, before the late Chief Justice, The note was dated the 22d of S'plemher.
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THIS was an action of ayeumpeii. brought by the plaintiffs, as endorsers oí a promissory note*, against tne udcivmijis, ••⅝ executors of the endorser; and was tried the 1th of I ffrmtfr, Hbd. at the jVuc- Y< I: sittings, before the late Chief Justice, The note was dated the 22d of S'plemher. Id 5, made by IV/iitina; ⅜ W,U It was admitted that Birch, the endorsor, sailed from New-York on the 17th day of November, 1815, on a voyage to Teneriffe, for the recovery of his health ; and that he died at sea, on the 12th of December, 1815. The will of the deceased was proved, and letters testamentary…
1Opinion of the Court
Spencf.R, Ch. J.,
delivered the opinion of the court. The only question in this case is, whether due notice was given oí *33the non-payment of the note by the maker, so as to charge the defendants, who are the executors of the endorsor.
It is not denied, that the plaintiffs, the holders of the note, gave all the notice in their power to give, when the note fell due ; notice was left at the last residence of the endorser, another notice was left with his reported agent, and another was sent to the residence of his f.uudy in the country, through the pqst-olliee. But it is insisted, that the endorsor…
2Cited by13 opinions
- Goodnow v. WarrenMassachusetts Supreme Judicial Court · 1877
- Bank of Port Jervis v. DarlingNew York Supreme Court · 1895
- Dodson v. TaylorSupreme Court of New Jersey · 1893
- Mathewson v. Strafford BankSupreme Court of New Hampshire · 1863
- Deininger v. MillerAppellate Division of the Supreme Court of the State of New York · 1896
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