Ferner v. Williams
New York Supreme Court
Appeal from an order sustaining a demurrer. This action was brought by Simon Ferner and Hymes Kraushaar against Alfred L. Williams, upon two promissory notes of R. H. Gibson & Co., indorsed by Williams. These notes were by their terms payable at the office of the makers, 94 Woodward Avenue, Detroit.
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Appeal from an order sustaining a demurrer. This action was brought by Simon Ferner and Hymes Kraushaar against Alfred L. Williams, upon two promissory notes of R. H. Gibson & Co., indorsed by Williams. These notes were by their terms payable at the office of the makers, 94 Woodward Avenue, Detroit. After setting out the making of the notes, and describing but giving no copy of them, and plaintiffs’ title, the complaint averred, “ that at maturity said notes were duly presented for payment to said makers thereof, but were not, nor was either of them paid, nor any part thereof, of which the…
1Dissent
Ingraham, P. J. (dissenting).
I concur in the opinion of the presiding justice, so far as relates to the necessity of an averment in the complaint that a note payable at a particular place had been demanded at the place in order to change the indorser.
But I do not concur in the opinion that such averment is sufficiently made out by the words used in this complaint.
In Gay a. Paine, (5 How. Pr., 107), such a position is distinctly laid down; and in Adams a. Sherrill (14 Ib., 297), it was followed,—Paige, J., however, expressing his dissatisfaction with it.
The 162d section of the Code says: “ In…
2Cases cited2 opinions
- Gay v. Paine & PaineNew York Supreme Court · 1850
- Graham v. MachadoThe Superior Court of New York City · 1857