Legal Opinion

Brennan v. Lowry

New York Court of Common Pleas

Decided February 15, 1872Published

Appeal by defendant from a judgment of the Sixth Judicial District Court. The facts are stated in the opinion.

1Opinion of the Court

By the Court.*—Robinson, J.

—This was an action brought in the Sixth Judicial District against the indorser of a promis*254sory note. The complaint alleged presentment to and demand of the maker, and his refusal to pay, and that thereupon “ the said note was duly protested for non-payment,” and notice of protest was thereupon and on the same day duly served upon-the defendant. The defendant, in his answer, denied that any notice of protest was served on him, also “ that he received any notice of protest or demand, and refusal “ to pay said note,” and on information and belief, he denied “ that…

2Cases cited9 opinions

  1. Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
  2. Trimble v. ThorneNew York Supreme Court · 1819
  3. Youngs v. . LeeNew York Court of Appeals · 1855
  4. Jones v. SavageNew York Supreme Court · 1831
  5. Coddington v. . DavisNew York Court of Appeals · 1848

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