Morgan v. Van Ingen
New York Supreme Court
This was an action on the case to recover the amount of a promissory note paid by the plaintiff. The cause was tried at the Rensselaer circuit, in May, 1806, before Mr. Chief Justice Kent. One Marvel Ellis made hjs , f _ i _ note, dated the 5th October, 1796, payable to Woodworth, or order, twelve months after date.
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This was an action on the case to recover the amount of a promissory note paid by the plaintiff. The cause was tried at the Rensselaer circuit, in May, 1806, before Mr. Chief Justice Kent. One Marvel Ellis made hjs , f _ i _ note, dated the 5th October, 1796, payable to Woodworth, or order, twelve months after date. Woothvorih indorsed the note to the plaintiff, who indorsed it to Atkinson, * ' by whom it was held, when it became due* When the note was due, Atkinson delivered it to the. defendant, who is a public notary, and requested him to demand payment °f the note of the maker, and, in…
1Opinion of the Court
Fer Curiam.
The defendant, as a notary, was bound only to demand payment of the note, and to make his protest in case of non-payment. It was no part of his official duty to give the notice to the indorsers. His special undertaking to Atlcinson, that he would give such notice, will not enure to the benefit of the plaintiff. The promise was to Atlcinson, who has no further claim or demand, nor any cause of action against the defendant, since he has been paid the full amount of the note.
Rule refused.
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