Stewart v. Eden
New York Supreme Court
This was an action by endorsees, against tbe executrix and executors of tbe payee endorser, on a joint promissory note, made in New York, by Waring and Medcalf Eden, one of tbe defendants in the suit. The declaration was in the common form, stating a demand on the makers, their refusal to pay, notice to the deceased in his lifetime, his liability thereon, and assumption to pay; but nothing special was alleged.
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This was an action by endorsees, against tbe executrix and executors of tbe payee endorser, on a joint promissory note, made in New York, by Waring and Medcalf Eden, one of tbe defendants in the suit. The declaration was in the common form, stating a demand on the makers, their refusal to pay, notice to the deceased in his lifetime, his liability thereon, and assumption to pay; but nothing special was alleged. To this plane administraverunt, and non assumpserunt were pleaded; on the latter of which issue was joined, and to the former the plaintiffs replied they had not fully administered. The…
1Opinion of the CourtLivingston, J.
II the maker, when' a note falls due, cannot be found, nor payment demanded of him personally, should not the declaration state that fact specially, instead of averring, generally, “ that the note was presented and payment refused ?” This is the first question made in this cause. It is agreed, that the plaintiffs might have stated what particular diligence they used, in lieu of alleging, as they have done, that the note was “ presented to the maker, and by him dishonoredbut it has been most usual to pursue the latter course, and no good reason can be assigned for departing from it. Under an…
2Cited by25 opinions
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- Taylor v. SnyderNew York Supreme Court · 1846
- Shutts v. . FingarNew York Court of Appeals · 1885
- Harris v. RobinsonSupreme Court of the United States · 1846
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