Cook v. Litchfield
The Superior Court of New York City
This was an action brought against the defendant, as the endorser of four promissory notes, made by Joshua L. Carew, dated April 2d, 1849, payable to the order of the defendant, with interest from date, and payable, severally, nine, ten,-eleven, and twelve months after date.
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This was an action brought against the defendant, as the endorser of four promissory notes, made by Joshua L. Carew, dated April 2d, 1849, payable to the order of the defendant, with interest from date, and payable, severally, nine, ten,-eleven, and twelve months after date. The notes were made payable at the bank of New York. •' The complaint averred the making of the notes, their endorsement by the defendant to one Ryckman, and by him to the plaintiff, and presentment, and demand of payment of the notes at maturity, non-payment and notice to the defendant. The answer denied the presentment,…
1Opinion of the Court
By the Court.
Duer, J.
—It is not necessary to deny that the liability of an endorser is governed, in all cases, by the law of the place where the endorsement is made, provided we understand by endorsement, the contract itself, not the mere act of writing the name upon the back of the instrument; and such, we cannot doubt, is the meaning of the rule. The liability of an endorser arises solely from his contract, and it is his contract that the local law defines, and controls. It matters not, when or where his name may have been endorsed, literally speaking, since there is no endorsement, binding…
2Cases cited4 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Bowne v. JoyNew York Supreme Court · 1812
- Walsh v. DurkinNew York Supreme Court · 1815
- Platt v. DrakeMichigan Supreme Court · 1844
3Cited by13 opinions
- Oneida County Bk. v. . BonneyNew York Court of Appeals · 1886
- Rose v. Park BankIndiana Supreme Court · 1863
- Caine v. Seattle & Northern Railway Co.Washington Supreme Court · 1895
- Osgood v. MaguireNew York Supreme Court · 1871
- Blake v. BarnesNew York Supreme Court · 1890
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