Baker v. Morris & Law
New York Supreme Court
APPEAL from a judgment entered at a special term. The action was brought to recover the amount of a promissory-note for $50, and interest thereon, made by one Cyrenus Holmes, and indorsed by the defendant Morris, one John S. Clary, agent for C. Holmes, and by the defendant Law. The defendants Law and Morris, only, were sued.
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APPEAL from a judgment entered at a special term. The action was brought to recover the amount of a promissory-note for $50, and interest thereon, made by one Cyrenus Holmes, and indorsed by the defendant Morris, one John S. Clary, agent for C. Holmes, and by the defendant Law. The defendants Law and Morris, only, were sued. Among other matters, they set up in their answer, that the note was not properly protested for non-payment, and that due notice of protest was not served on the defendant Morris, and was not waived, and that Morris being the first indorser, he and Law, and each of them,…
1Opinion of the Court
By the Court, T. R. Strong, J.
The place of payment of the note, and residence of the indorser, being the city of Auburn, it was necessary, in order to charge the indorser, that notice to him of the non-payment of the note, should be personal, or left at his dwelling house or place of business; unless by his adding to the indorsement of his name on the note, the word and letters, “Auburn P. 0.” he directed notice to be served upon him by depositing it in that post office. The service of notice according to the direction of an indorser, al*140though different from the mod&prescribedbylawin the…
2Cited by4 opinions
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- Deck v. WorksNew York Supreme Court · 1879
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883