Coddington v. Davis
New York Supreme Court
Error from the superior court of the city of New-York. Oharles Davis and others, composing the firm of Davis, Brooks & Co., sued Samuel Coddington, in the court below, and claimed to recover as endorsees of a promissory note for $10,000, dated December 31,1839, made by Thomas B. Coddington, payable to the order of Samuel Coddington, the defendant, thirty days after date, which was endorsed by the defendant.
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Error from the superior court of the city of New-York. Oharles Davis and others, composing the firm of Davis, Brooks & Co., sued Samuel Coddington, in the court below, and claimed to recover as endorsees of a promissory note for $10,000, dated December 31,1839, made by Thomas B. Coddington, payable to the order of Samuel Coddington, the defendant, thirty days after date, which was endorsed by the defendant. On the trial, after proving the defendant’s endorsement, the plaintiffs proved and gave in evidence a letter to themselves, from the defendant, in the following words: “ Mess. Davis,…
1Opinion of the Court
By the Court, Jewett, J.
The endorsement of a note, in contemplation of law, amounts to a contract on the part of the endorser to the effect, among other things, that when duly presented, if it is not paid by the maker, he, the endorser, will, upon due and reasonable notice given him of the dishonor, pay the same to the holder. (Story on Prom. Notes, § 135.) In this case the plaintiffs, endorsees of the note upon which the action is brought, omitted both to present the note for payment at maturity, and to give notice to the defendant of its non-payment; but relied for a recovery upon the…
2Cases cited5 opinions
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- Bruen v. MarquandNew York Supreme Court · 1819
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- Allen v. EfflerTennessee Supreme Court · 1921
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