Wynn v. Alden
New York Supreme Court
Error to the Niagara common pleas. Alden sued Wynn before a justice of the peace, in July, 1845, as the endorser of a promissory note, made by one Defielde, payable to the defendant’s order, and held by the plaintiff. The only question was, whether the defendant had been charged as endorser. The note was payable on the 12th day of October, 1844, that being the third day of grace; and on that day the note was presented to the maker for payment, which was refused.
Read the full summary
Error to the Niagara common pleas. Alden sued Wynn before a justice of the peace, in July, 1845, as the endorser of a promissory note, made by one Defielde, payable to the defendant’s order, and held by the plaintiff. The only question was, whether the defendant had been charged as endorser. The note was payable on the 12th day of October, 1844, that being the third day of grace; and on that day the note was presented to the maker for payment, which was refused. The plaintiff lived at Lewiston and the defendant at Qneenston, in Canada. On the same day, the plaintiff put a notice in the post…
1Opinion of the Court
By the Court, Beardsley, J.
The only point made by the plaintiff in error is, that the notice of non-payment given *164to him, as endorser of the note, was defective in not showing the demand of payment to have been made at the proper time. This question arises on the face of the notice; for if there were extraneous facts, which might have aided any intrinsic defect in the notice, as written, they were not proved on the trial. The point is therefore a mere question of law. (Ransom v. Mack, 2 Hill, 587.)
Payment of a note should be demanded at its maturity; when it becomes due and is payable; and…
2Cited by16 opinions
- Clark v. GreySupreme Court of Florida · 1931
- Brewster v. ArnoldWisconsin Supreme Court · 1853
- In Re the Judicial Settlement of the Accounts of ChaunceyNew York Court of Appeals · 1890
- Masterson v. GrubbsSupreme Court of Alabama · 1881
- Stanley v. Farmers' BankSupreme Court of Kansas · 1877
11 more not listed; retrieve them via the Exa API.