Deininger v. Miller
Appellate Division of the Supreme Court of the State of New York
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
- Stewart v. EdenNew York Supreme Court · 1804
- President of Merchant's Bank v. BirchNew York Supreme Court · 1819
- Whiting v. . City BankNew York Court of Appeals · 1879
- Boyd's adm'r v. City Savings BankSupreme Court of Virginia · 1860
- Bank of Port Jervis v. DarlingNew York Supreme Court · 1895
3Cited by1 opinion
- Marwitz's EstateSupreme Court of Pennsylvania · 1926