Ogden v. Cowley
New York Supreme Court
. , . , , , . I His was an action of assumpsit, brought by tne platn-tiffs, assi The cause was tried before Mr. Justice Livingston, at the New York sittings, the 27th December. 1800. At the trial the plaintiff proved the making of the note, and the indorsement, and that payment was demanded on the 14th October, 1799, by a notary, who went to the house of Brotoer for that purpose, but found it shut up and’ no person there, and was informed on inquiry, that Brotoer was not in…
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. , . , , , . I His was an action of assumpsit, brought by tne platn-tiffs, assi The cause was tried before Mr. Justice Livingston, at the New York sittings, the 27th December. 1800. At the trial the plaintiff proved the making of the note, and the indorsement, and that payment was demanded on the 14th October, 1799, by a notary, who went to the house of Brotoer for that purpose, but found it shut up and’ no person there, and was informed on inquiry, that Brotoer was not in town. On the 15th October,, the notary called at the house of the defendant and his deceased partner, for the".purpose…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court.'
1. On the first point we are of opinion, that the demand and notice were sufficient. This case comes within the reason of the decision in Stewart v. Eden. (2 Caines, 127.) All proper steps were taken to make a demand on the maker of the note, and to communicate the re^-quisite notice to the indorser.
2.' The second point is within the case of Dickson v. Evans. (6 Term, 57.) The decision of the K. B. in that case is founded in good sense and sound policy, and I am disposed to adopt it. It would, as Lord Kenyon observes, be unjust if one person,…
2Cited by10 opinions
- Stone v. DodgeMichigan Supreme Court · 1893
- Thompson v. Union Trust Co.Michigan Supreme Court · 1902
- Huling v. HuggSupreme Court of Pennsylvania · 1841
- Williams v. MatthewsNew York Supreme Court · 1824
- Brown v. JonesIndiana Supreme Court · 1887
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