Garver v. Downie
California Supreme Court
Appeal from the District Court, Sixteenth Judicial District, Nevada County. The appellant, J. C. Birdseye, was sued as indorser, and the question tried was whether the notice of 'dishonor was sufficient to charge him as such. The case was tried in the ■ District Court without a jury, and came to this Court on the judgment roll.
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Appeal from the District Court, Sixteenth Judicial District, Nevada County. The appellant, J. C. Birdseye, was sued as indorser, and the question tried was whether the notice of 'dishonor was sufficient to charge him as such. The case was tried in the ■ District Court without a jury, and came to this Court on the judgment roll. The findings were as follows : “ At the time of, and for several years previous to, the making of the note, the defendant Birdseye resided in the City of Nevada, Cal. He was a member of the banking firm of Birdseye & Co., and during all that time had a well known place…
1Opinion of the Court
By the Court, Sanderson, J.:
If, at the time the note was dishonored, the notary knew that Birdseye was temporarily absent at Washington, D. C., and that his residence was still at Nevada, and his place of business at the banking house of Birdseye & Co., and such were the facts, the service of the notice of dishonor by mail, addressed to him at Washington—he never having received it—would not be sufficient. But we do not so read the finding. We understand the Court below as finding in effect— taking the finding as a whole—that at the time of the dishonor the notary did not know the then…
2Cases cited2 opinions
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- Lueras v. BAC Home Loans Servicing, LPCalifornia Court of Appeal · 2013
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