Ferner & Kraushar v. Williams
New York Supreme Court
THIS was an appeal from an order made at a special term, allowing a demurrer to the complaint. The necessary facts are set forth in the opinion of the court.
1Opinion of the CourtClerks, P. J.
This is an action by the payees of two promissory notes, against an indorser. The makers expressly promise, in the instrument, to pay to the plaintiffs, or order, at their office, 94 Woodward avenue, Detroit.
The complaint avers that at maturity the notes were duly presented for payment, to the makers, hut were not, nor was either of them, paid, nor any part thereof; of which the defendant had due notice. The defendant demurs, on the ground that this averment does not show a presentment in conformity with the requirement in the note—a demand at the makers’ office, 94 Woodward avenu'e, Detroit.
A…
2Cases cited2 opinions
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- Gay v. Paine & PaineNew York Supreme Court · 1850
3Cited by1 opinion
- Chemical National Bank v. CarpentierNew York Supreme Court · 1881