Cayuga County Bank v. Warden & Griswold
New York Court of Appeals
Error from the supreme court, where the action was assumpsit, tried at the Cayuga circuit before Maynard, J. in January, 1848. The plaintiffs claimed to recover the amount of a promissory note made by S. Warden and endorsed by the defendants, in these words: “ $600. Ninety days after date I promise to pay to the order of F. L. Griswold and E. A. Warden six hundred dollars for value received, at the Cayuga County Bank. Auburn, N. Y. January 30, 1848. S. Warden.
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Error from the supreme court, where the action was assumpsit, tried at the Cayuga circuit before Maynard, J. in January, 1848. The plaintiffs claimed to recover the amount of a promissory note made by S. Warden and endorsed by the defendants, in these words: “ $600. Ninety days after date I promise to pay to the order of F. L. Griswold and E. A. Warden six hundred dollars for value received, at the Cayuga County Bank. Auburn, N. Y. January 30, 1848. S. Warden. (Endorsed) F. L. Griswold. E. A. Warden.” The note at its maturity ■ was in the plaintiffs’ bank, and was protested for non-payment. A…
1Opinion of the Court
Jewett, Ch. J.
There is no question but that clue presentment for payment and notice of non-payment to the endorsers of a promissory note, are conditions precedent to the liability of the endorsers, and that the notice may be either written or verbal. (Cuyler v. Stevens, 4 Wend. 566.) Such presentment of the note in question was made and notice of non-payment in.the form shown by the evidence given. The only material question then is, whether that notice is sufficient. It is well settled that there is no precise form of words necessary to be used in giving notice; it is sufficient, if the…
2Cases cited3 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- President of the Bank of Alexandria v. SwannSupreme Court of the United States · 1835
- Cuyler v. StevensNew York Supreme Court · 1830
3Cited by10 opinions
- The Cayuga County Bank v. . WardenNew York Court of Appeals · 1851
- Deitsch v. George R. Gibson Co.Court of Appeals for the Eighth Circuit · 1907
- King v. HurleySupreme Judicial Court of Maine · 1893
- Arnold v. KinlochNew York Supreme Court · 1867
- Dykman v. NorthridgeAppellate Division of the Supreme Court of the State of New York · 1896
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