Legal Opinion

Remer v. Downer

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1840PublishedCited by 22 opinions

Error from the supreme court. Remer ivas sued as the endorser of a promissory note, made by one James Young, for $560, dated 20th April, 1835, payable at the Chemung Canal Bank at ¡Elmira, eighteen months after date, with interest after six months from date.

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Error from the supreme court. Remer ivas sued as the endorser of a promissory note, made by one James Young, for $560, dated 20th April, 1835, payable at the Chemung Canal Bank at ¡Elmira, eighteen months after date, with interest after six months from date. On 22d October, 1836, when the note came to maturity, it was not paid, and a notice was deposited at the post office at Elmira, in these words: “Elmira, Oct. 22d, 1836. Sir : “ Please to take notice, that James Young’s note for nine hundred and nine- “ ty nine dollars 52-100, endorsed by you, payable at the Chemung Canal “ Bank, was this…

1Opinion of the Court

By the Chancellor.

The questions presented for the consideration of the court in the present case, are, whether the notice of protest of the note upon which Remer was’an endorser, was directed to the right place; and if so, whether the notice itself was sufficient- to charge him as an endorser ?

It is the settled law in this state, that if the drawer of a hill of exchange, or the endorser of a bill or note, does not reside in the town or place where such bill or note is payable, the notice of dishonor may be sent by mail, directed to him, at the place of his residence, or if he is in the habit…

2Cases cited3 opinions

  1. Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
  2. Bank of Geneva v. HowlettNew York Supreme Court · 1830
  3. Cuyler v. NellisNew York Supreme Court · 1830

3Cited by22 opinions

  1. Seneca County Bank v. NeassNew York Supreme Court · 1848
  2. Brewster v. ArnoldWisconsin Supreme Court · 1853
  3. Gay v. BidwellMichigan Supreme Court · 1859
  4. Cook v. . LitchfieldNew York Court of Appeals · 1853
  5. Belden v. LambSupreme Court of Connecticut · 1846

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