Cole v. Jessup
New York Supreme Court
This was an action of assumpsit, and the declaration was on the common counts, with, a copy of the note on which the plaintiff, as holder, sought to recover against the defendant as payee and first indorser. The plea was non-assumpsit, accompanied with an affidavit of the defendant, alledging that no notice of nonpayment of said note had been received by him.
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This was an action of assumpsit, and the declaration was on the common counts, with, a copy of the note on which the plaintiff, as holder, sought to recover against the defendant as payee and first indorser. The plea was non-assumpsit, accompanied with an affidavit of the defendant, alledging that no notice of nonpayment of said note had been received by him. The cause was tried before Justice Harris, at the St. Lawrence circuit, in June, 1849. The plaintiff gave in evidence a promissory note, made by Jacob M. Schriver, dated 20th September, 1834, for $808,71, payable six months after date to…
1Opinion of the Court
By the Court, Willard, J.
The certificate of the notary was not given in evidence in this case; nor was it admissible under the 8th section of the act of 1833, (Laws of 1833, p 395,) inasmuch as the defendant had annexed to his plea an affidavit, denying the fact of his having received notice of non-payment of the note.
The important question in the case is whether the book of the notary, kept by his clerk, containing the entries of the daily transactions of the notary in the course of his business, and made by his clerk at the time, was admissible in evidence, in connection with the oath of…
2Cases cited2 opinions
- Nichols v. GoldsmithNew York Supreme Court · 1831
- Bank of Utica v. SmithNew York Supreme Court · 1820
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- Fox v. FoxNew York Supreme Court · 1860
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