Woodin v. Foster
New York Supreme Court
This action was brought against the defendants as the maker and indorser of a promissory note, of which the following is a copy: “ Ninety days after date I promise to pay to the order of William Foster, eighty-eight dollars and seventy-eight cents, value received, with interest from date, payable at the house of 'Cyrus Marble in the village of Cleveland. Wesley S. Wells. Cleveland, April 11,1850.” (Indorsed) William Foster.
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This action was brought against the defendants as the maker and indorser of a promissory note, of which the following is a copy: “ Ninety days after date I promise to pay to the order of William Foster, eighty-eight dollars and seventy-eight cents, value received, with interest from date, payable at the house of 'Cyrus Marble in the village of Cleveland. Wesley S. Wells. Cleveland, April 11,1850.” (Indorsed) William Foster. The cause was referred to C. Comstock, Esq. as sole referee, to hear and decide the same. The plaintiffs, on the trial," proved the handwriting of the defendant Wells as…
1Opinion of the Court
By the Court, Gridley J.
This suit was brought on a note, made by the defendant Wells and indorsed by the defendant Foster. It was referred to Calvert Comstock Esq. a referee, to hear and decide. The referee has made his report, and decided, 1. That the note was legally demanded; 2. That legal notice of non-payment was given to the defendant Foster, who thereby became fixed and liable as indorser; 3. That the facts proved by the defendant did not constitute a defense to the note.
The counsel for the defendant insists that there was no proof of a presentment of the note on the day and at the…
2Cases cited2 opinions
- Nichols v. GoldsmithNew York Supreme Court · 1831
- Cuyler v. StevensNew York Supreme Court · 1830
3Cited by8 opinions
- Dunning v. RobertsNew York Supreme Court · 1862
- Broward v. RocheSupreme Court of Florida · 1885
- Wilgus v. GettingsSupreme Court of Iowa · 1866
- McClenny v. HubbardSupreme Court of Florida · 1884
- Butt v. HogeNew York Court of Common Pleas · 1858
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