Montgomery County Bank v. . Marsh
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fourth district, where a judgment rendered in favor of the plaintiff, in a case tried before the court, without a jury, had been affirmed. (Reported below, 11 Barb. 645.) This was an action against the defendant, Seymour N. Marsh, as indorser of two promissory notes, made by the firm of Loucks & Gray, payable to the order of Peter G. Loucks, and indorsed by him and Marsh. The makers were joined as defendants.
Read the full summary
Appeal from the general term of the Supreme Court, in the fourth district, where a judgment rendered in favor of the plaintiff, in a case tried before the court, without a jury, had been affirmed. (Reported below, 11 Barb. 645.) This was an action against the defendant, Seymour N. Marsh, as indorser of two promissory notes, made by the firm of Loucks & Gray, payable to the order of Peter G. Loucks, and indorsed by him and Marsh. The makers were joined as defendants. On the trial of the case, before Paige, J., without a jury, it appeared, that the notes were made by the defendants, George P.…
1Opinion of the Court
Jewett, J.,
(after stating the facts.) — The first question is, whether the service of the notice of non-payment of the notes and protest was sufficient to charge Marsh as an indorser. This was a case where notice by mail, if sent, directed to the defendant at the ^proper - ^ place, would be sufficient, as the defendant did *- not reside in the town or place where the notes were payable. It is supposed by the counsel for the defendant, that the rule on this subject requires, that the notice, when sent by mail, to be sufficient, must be sent to a post-office in the town or village where the…
2Cases cited5 opinions
- Remer v. DownerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Bank of Geneva v. HowlettNew York Supreme Court · 1830
- Pack v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
- Seneca County Bank v. . NeassNew York Court of Appeals · 1850
- Washington Bank v. PalmerThe Superior Court of New York City · 1850
3Cited by8 opinions
- Bopple v. Supreme TentAppellate Division of the Supreme Court of the State of New York · 1897
- Griggs v. Renault Selling Branch, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- Manchester v. Van BruntNew York Court of Common Pleas · 1893
- Andrews v. ReinersAppellate Division of the Supreme Court of the State of New York · 1906
- Century Bank v. BreitbartCity of New York Municipal Court · 1915
3 more not listed; retrieve them via the Exa API.