Beale v. . Parrish
New York Court of Appeals
• Appeal from the Supreme Court. Action to recover the amount of a promissory note made by Parrish & Utley, dated Sept. 20th, 1853, for $500, payable at the American Exchange Bank, Hew York, six months after date, to the order of the makers, and indorsed by them and the appellant. The complaint alleged that the note was duly presented for payment, and payment refused, and that the defendants were duly noti fied thereof.
Read the full summary
• Appeal from the Supreme Court. Action to recover the amount of a promissory note made by Parrish & Utley, dated Sept. 20th, 1853, for $500, payable at the American Exchange Bank, Hew York, six months after date, to the order of the makers, and indorsed by them and the appellant. The complaint alleged that the note was duly presented for payment, and payment refused, and that the defendants were duly noti fied thereof. The appellant, by his answer, denied the service of notice upon him. The cause was tried at the Hew York Circuit, without a jury. It appeared upon the trial, that the makers…
1Opinion of the CourtGrover, J.
The first question necessary to be considered in this case is, whether due diligencé was used by the notary employed by the Chemical Bank, to ascertain the residence of the defendant, so as to excuse the service of notice upon him, as required by law, in favor of the banjr, the holder of the note. He inquired at the bank, and ascertained that the officers did not know where he resided, or where notice should be served upon him. He then inquired of Melick, one of the plaintiffs, and one of the immediate indorsers to the bank, and was informed by him that the defendant -resided either at…
2Cases cited4 opinions
- Bank of Utica v. BenderNew York Supreme Court · 1839
- Mead v. EngsNew York Supreme Court · 1826
- Catskill Bank v. StallNew York Supreme Court · 1836
- Stafford v. YatesNew York Supreme Court · 1820
3Cited by4 opinions
- Matlock v. Citizens National BankIdaho Supreme Court · 1926
- Davey v. JonesSupreme Court of New Jersey · 1880
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883
- Scott v. MeekerNew York Supreme Court · 1880