Cummings v. Fisher
New York Supreme Court
Assumpsit, on three promissory notes, made in New York, by Elliot Hackley in favor of the defendant, by him indorsed to Richard S. Hackley, and by him to the plaintiff. Plea, the general issue. The plaintiff produced in evidence, a protest of one of the notes, upon the face of which it appeared, that at the time the note became payable, due diligence had been used to find the maker, Elliot Hackley, and that he was, at that time, resident in France.
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Assumpsit, on three promissory notes, made in New York, by Elliot Hackley in favor of the defendant, by him indorsed to Richard S. Hackley, and by him to the plaintiff. Plea, the general issue. The plaintiff produced in evidence, a protest of one of the notes, upon the face of which it appeared, that at the time the note became payable, due diligence had been used to find the maker, Elliot Hackley, and that he was, at that time, resident in France. The notary’s clerk, who had made the search for the maker, having left the city for foreign parts, some few days before the trial, the plaintiff…
1Opinion of the CourtVan Ness, J.
This testimony is altogether inadmissible. The protest of a promissory note is no evidence by itself.(1) *3The demand on the maker, and notice to the indorser, must be proved, as if no protest had been made. The entries made in the notary’s register by the absent clerk, who performed the services, cannot be received as evidence of those facts.(2)
*4The same clerk had made the same inquiry for the maker at the time the second note became payable, but notice to the indorser had been given by another clerk, who testified to the fact. The plaintiff then proved, that at the time this note became due,…
2Cases cited18 opinions
- Nicholls v. WebbSupreme Court of the United States · 1823
- Vosburgh v. ThayerNew York Supreme Court · 1815
- People v. VailNew York Supreme Court · 1838
- Nichols v. GoldsmithNew York Supreme Court · 1831
- Butler v. WrightNew York Supreme Court · 1829
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