Seneca County Bank v. . Neass
New York Court of Appeals
The president, directors and company of the Seneca County Bank sued George Neass, as the second indorser of a promissory note for $2000, dated July 9, 1842, and payable at the plaintiffs’ bank. One of the questions on the trial at the circuit was, whether the notice of protest had been properly directed and sent. The plaintiffs’ bank was at Waterloo in Seneca county. The defendant resided in the town of Fayette in the same county, and adjoining Waterloo.
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The president, directors and company of the Seneca County Bank sued George Neass, as the second indorser of a promissory note for $2000, dated July 9, 1842, and payable at the plaintiffs’ bank. One of the questions on the trial at the circuit was, whether the notice of protest had been properly directed and sent. The plaintiffs’ bank was at Waterloo in Seneca county. The defendant resided in the town of Fayette in the same county, and adjoining Waterloo. There were two post offices in Fayette, but the defendant usually received his letters at Waterloo. The notice in question was served by…
1Opinion of the CourtPratt, J.
The counsel for the defendant declined to discuss upon the argument, the question made in the court below, in relation to the alledged diversion of the note by the maker from the purposes contemplated by the parties at the time of making and indorsing it. The note seems to have been indorsed for the accommodation of Lee, the maker, without any restriction as to the particular purpose to which it should be applied. The maker had a right therefore to appropriate it to any pur pose which he might deem for his own interest, and having appropriated it to the payment of a note held by the…
2Cases cited4 opinions
- Nichols v. GoldsmithNew York Supreme Court · 1831
- Butler v. WrightNew York Supreme Court · 1829
- Downer v. RemerNew York Supreme Court · 1839
- Rogers v. JacksonNew York Supreme Court · 1838
3Cited by10 opinions
- Montgomery County Bank v. . MarshNew York Court of Appeals · 1852
- Berman-Steinberg, Inc. v. Standard Cotton Stores, Inc.City of New York Municipal Court · 1932
- Fitch v. McDowellNew York Supreme Court · 1894
- McLean v. RyanAppellate Division of the Supreme Court of the State of New York · 1899
- Persons v. KrugerAppellate Division of the Supreme Court of the State of New York · 1899
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