Ransom & Ransom v. Mack
New York Supreme Court
Debt, tried before Gridley, C. Judge, at the Jefferson circuit in June, 1841. The action was against the defendant, as first endorser of a promissory note in the following words: “ Sacketts Harbor, April 1, 1840. Three months after date, I promise to pay to the order of John H. Mack, at the Sacketts Harbor Bank, two hundred and fifty dollars, for value rec’d. Signed—W. C. Mack.” Endorsed—John H. Mack, (the defendant) and R S. Robbins.
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Debt, tried before Gridley, C. Judge, at the Jefferson circuit in June, 1841. The action was against the defendant, as first endorser of a promissory note in the following words: “ Sacketts Harbor, April 1, 1840. Three months after date, I promise to pay to the order of John H. Mack, at the Sacketts Harbor Bank, two hundred and fifty dollars, for value rec’d. Signed—W. C. Mack.” Endorsed—John H. Mack, (the defendant) and R S. Robbins. Henry Church, the bank notary, testified that he demanded payment at the bank on the third of July, and on the same day put a notice in the post office at…
1Opinion of the Court
By the Court,
Bronson, J.
Three questions are presented for our consideration: 1. Was this a case where notice might be well- served by mail? 2. Was the endorser discharged in consequence of the misdirection of the notice to the North Adams, instead of the Appling post office? and 3. Was the judge right upon the question growing out of the form of the notice. •
The rule formerly was, that notice of the dishonor of a bill or note must be served personally on the drawer or endorser, or be left at his dwelling house or place of business; and that rule still prevails in this country when the party…
2Cases cited12 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
- Woodin v. BagleyNew York Supreme Court · 1835
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