McKnight v. Lewis
New York Supreme Court
This was an appeal from a judgment of the recorder’s court of the city of Buffalo. The action was brought by the plaintiff as administrator of James E. McKnight deceased, against the defendant as endorser of a promissory note of which the following is a copy: “ $150. Buffalo, 30th April, 1847. Sixty days after date, I promise to pay to the order of Samuel Lewis, one hundred and fifty dollars, value received, at O. Lee &. Go’s Bank. (Signed) Anderson Deckie.
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This was an appeal from a judgment of the recorder’s court of the city of Buffalo. The action was brought by the plaintiff as administrator of James E. McKnight deceased, against the defendant as endorser of a promissory note of which the following is a copy: “ $150. Buffalo, 30th April, 1847. Sixty days after date, I promise to pay to the order of Samuel Lewis, one hundred and fifty dollars, value received, at O. Lee &. Go’s Bank. (Signed) Anderson Deckie. (Endorsed) Samuel Lewis.” For the purpose of proving the dishonor of the note, and notice to the defendant, the plaintiff proved that…
1Opinion of the Court
By the Court, Sill, J.
By the revised statutes public notaries are authorized to demand payment of promissory notes, and to protest them for non-payment. (2 R. S. 283.) Section 45 of this statute declares, however, that neither such protest, nor any note thereof, made by any notary in this state, shall be evidence in any court in this state, except in the cases specified in the next section. One of the cases specified in the 46th section, is the death of the notary, and in this event his protest is, upon proof of his official seal and signature thereto, made presumptive evidence of the demand…
2Cited by3 opinions
- In re BudlongNew York Supreme Court · 1889
- Collins v. McGuireAppellate Division of the Supreme Court of the State of New York · 1902
- Collins v. McGuireAppellate Division of the Supreme Court of the State of New York · 1902