Herkimer County Bank v. Cox
New York Supreme Court
This was an action of assumpsit, tried at the Herkimer circuit in May, 1838, before the Hon. John Willard, one of the circuit judges. The action was against the defendants as endorsers of a prbmissory note.
Read the full summary
This was an action of assumpsit, tried at the Herkimer circuit in May, 1838, before the Hon. John Willard, one of the circuit judges. The action was against the defendants as endorsers of a prbmissory note. For the purpose of proving a presentment for payment, protest for non-payment, and notice to the endorsers, the plaintiffs offered in evidence the certificate of Albert G. Story, a notary public, who at the time the protest bears date, was the cashier and a stockholder of© the bank. The defendants objected to the certificate on the ground that the notary was interested at the time the…
1Opinion of the Court
By the Court,
Bronson, J.
Although the language of, the statute is general, that the certificate of a notary shall Í be presumptive evidence of the facts contained in it, Stat. Sess. of 1833, p. 395, § 8,1 think it should not be so construed as to admit the certificate in a case where the notary, by reason of interest, would be an incompetent witness.* The legislature did not intend to dispense with the necessity of proving a demand and notice, for the purpose of charg*120ing an endorser, but only to change the mode of proof. The statute has rendered it unnecessary to call the notary, by giving the…
2Cases cited1 opinion
- Bank v. PorterSupreme Court of Pennsylvania · 1833
3Cited by2 opinions
- Nelson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1895
- Moreland's Assignee v. Citizens' Savings BankCourt of Appeals of Kentucky · 1895