Legal Opinion

Deininger v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 1 opinion

Appeal by the defendants, Christian J. Miller and another, as •executors, etc., of Charlotte Miller, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered upon the report of a referee in the office of the clerk of the county of Monroe on the 26th day of June, 1895, for $358.63 damages and costs.

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Appeal by the defendants, Christian J. Miller and another, as •executors, etc., of Charlotte Miller, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered upon the report of a referee in the office of the clerk of the county of Monroe on the 26th day of June, 1895, for $358.63 damages and costs. The defendants’ testatrix, Charlotte Miller, indorsed the note in suit, made by one Amelia Witzleben; and the same was subsequently indorsed by Christian J. Miller, the husband of the first indorser, both of such indorsements being for the- accommodation of the maker. The…

1Opinion of the Court

Adams, J.:

The only question in this case is whether or not, upon the facts above stated, it can be said that sufficient notice was given .of .the *411demand and non-payment of the note in suit to charge the estate of the deceased indorser.

The learned referee, in reaching a conclusion favorable to the plaintiffs’ contention, obviously bases his decision upon the assumption that the personal representatives of the deceased testatrix were notified within a reasonable time after its maturity of the non-payment of the note by its maker and that a notice of that character was all that could be…

2Cases cited5 opinions

  1. Stewart v. EdenNew York Supreme Court · 1804
  2. President of Merchant's Bank v. BirchNew York Supreme Court · 1819
  3. Whiting v. . City BankNew York Court of Appeals · 1879
  4. Boyd's adm'r v. City Savings BankSupreme Court of Virginia · 1860
  5. Bank of Port Jervis v. DarlingNew York Supreme Court · 1895

3Cited by1 opinion

  1. Marwitz's EstateSupreme Court of Pennsylvania · 1926

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