Baumgardner v. Reeves
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action on assumpsit by Reeves, Buck k Co. against Thomas Baumgardner, as endorser of two promissory notes, of which the following are copies:— Philadelphia, December 15th 1855. $3146.91. Twelve months after date, I promise to pay to the order of myself, thirty-one hundred and forty-six dollars and ninety-one cents, without defalcation, value received. William L. Heleenstein.
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Error to the District Court of Philadelphia. This was an action on assumpsit by Reeves, Buck k Co. against Thomas Baumgardner, as endorser of two promissory notes, of which the following are copies:— Philadelphia, December 15th 1855. $3146.91. Twelve months after date, I promise to pay to the order of myself, thirty-one hundred and forty-six dollars and ninety-one cents, without defalcation, value received. William L. Heleenstein. (Endorsed), William L. Heleenstein, Thomas Baumgardner, David Longenecker. Philadelphia, October 18th 1856. $3116.75. Twenty-five days after date, I promise to pay…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
It is the duty of a notary when he receives a bill or note, intended to be protested, to make demand of the party primarily liable, at his usual place of business, within business hours. By Act of Assembly, his notarial certificate of demand and notice, is primá facie evidence of the facts certified to. The plaintiff in error contends, that the certificate of presentation and demand here was insufficient, because the place at which it was presented was not stated; but a general certificate that the notary “went with the note to the place of…
2Cases cited5 opinions
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- Walden v. CraigSupreme Court of the United States · 1824
- People v. County of New YorkNew York Supreme Court · 1826
- Blakely v. GrantMassachusetts Supreme Judicial Court · 1810
- Lehman v. JonesSupreme Court of Pennsylvania · 1841