Foster v. . Julien
New York Court of Appeals
Appeal from the Supreme Court. Action upon a promissory note made by one George Vanden, payable to the order of the defendant, and by him indorsed. The note was dated at" New York, where the maker resided at the time, and the indorser resided in the same city. The note was dated May 3, 1855, and had three months to run.
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Appeal from the Supreme Court. Action upon a promissory note made by one George Vanden, payable to the order of the defendant, and by him indorsed. The note was dated at" New York, where the maker resided at the time, and the indorser resided in the same city. The note was dated May 3, 1855, and had three months to run. About the middle of June following, the maker removed to the State of New Jersey, and continued to reside there until September 24th, 1855. The note fell due August 6th, and was protested, and notice of protest duly given to the defendant. From the facts found by Judge…
1Opinion of the CourtDavies, J.
The only question presented for consideration is, whether the change of residence of the maker from the State of New York to the State of New Jersey, intermediate the date of the note and its maturity, dispensed with the necessity of presenting the note at the last place of residence of the maker in this State, and demanding payment thereof there. It is not contended that the holder was bound to seek out the maker, or his place of residence in the State to which he had removed, for the purpose of presenting the note and demanding payment. But it is urged that the holder should have sought the…
2Cases cited5 opinions
- Taylor v. SnyderNew York Supreme Court · 1846
- McGruder v. Bank of WashingtonSupreme Court of the United States · 1824
- Anderson v. DrakeNew York Supreme Court · 1817
- Duncan v. M'CulloughSupreme Court of Pennsylvania · 1818
- Reid v. MorrisonSupreme Court of Pennsylvania · 1841
3Cited by6 opinions
- Gilpin v. SavageNew York Supreme Court · 1908
- Smith v. . PoillonNew York Court of Appeals · 1882
- Weyand v. RandallAppellate Division of the Supreme Court of the State of New York · 1909
- Leonard v. OlsonSupreme Court of Iowa · 1896
- Salisbury v. BartlesonSupreme Court of Minnesota · 1888
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