Commercial Bank of Kentucky v. . Varnum
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court upon trial at circuit without a jury. (Reported below, 3 Lans., 86.) The action is brought against defendant as notary public for alleged neglect in presenting, demanding payment and protesting a hill of exchange.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court upon trial at circuit without a jury. (Reported below, 3 Lans., 86.) The action is brought against defendant as notary public for alleged neglect in presenting, demanding payment and protesting a hill of exchange. Defendant was a notary public in the city of Kew York and was the duly appointed notary of the Metropolitan Bank in said city, and employed by it to transact all the business of said bank in protesting…
1Opinion of the CourtPeckham, J.
It is insisted by defendant’s counsel that the presentment and demand of payment of the draft were properly made by a clerk of the defendant, the notary. This was a foreign bill of exchange, being drawn in the State of Kentucky upon a bank in the city of Hew York. This has long been settled by authority. (Dickens v. Beal, 10 Peters, 572; Bk. of U. S. v. Daniel, 12 id., 32; Phœnix Bk. v. Hussey, 12 Pick., 483; Buckner v. Finlay, 2 Peters, 586; Halliday v. McDougall, 20 Wend., 81; Same Case, 22 id., 264.) . It being a foreign bill, a protest was indispensable to a recovery against the indorser.…
2Cases cited13 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Buckner v. Finley & Van LearSupreme Court of the United States · 1829
- Avery v. StewartSupreme Court of Connecticut · 1816
- Cole v. . JessupNew York Court of Appeals · 1854
- Halliday v. McDougallNew York Supreme Court · 1838
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- Gilman v. First Nat. BankNew York Supreme Court · 1892