Sice v. Cunningham
New York Supreme Court
Assumpsit, by the plaintiff, as endorsee, against the defendants, as endorsers of a promissory note, dated at NeviYorlc, Feb. 15, 1819, made by one Kumbel, in favour of, and endorsed by the defendants, for $1000, payable on demand, and expressed to be for value received.
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Assumpsit, by the plaintiff, as endorsee, against the defendants, as endorsers of a promissory note, dated at NeviYorlc, Feb. 15, 1819, made by one Kumbel, in favour of, and endorsed by the defendants, for $1000, payable on demand, and expressed to be for value received. On the trial of the cause, the following facts appeared: All the parties, both at the date of the note, and at the time when payment was demanded and notice given to the endorsers of demand and non-payment, resided in the city of New-York. The note was executed under the following circumstances : Kumbel requested of the…
1Opinion of the CourtWoodworth, J.
It does not appear that the defendants had any knowledge of the negotiation, between the maker of the note and the plaintiff; nor the terms on which the money was loaned. Their liability depends on the question— lias the plaintiff, within a reasonable time, demanded pay*406ment of the maker, and given notice to the endorsers ? M'~ Cormick stated, to Mount, that they offered their own note, but the plaintiff would not take it without an endorser. This does not establish a liability. „ The offer to give a note-may have arisen from a belief that regular notice had been given. What was said in Miller…
2Cases cited9 opinions
- Thompson v. KetchamNew York Supreme Court · 1811
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Miller v. HackleyNew York Supreme Court · 1810
- Sanford v. MicklesNew York Supreme Court · 1809
- Losee v. DunkinNew York Supreme Court · 1810
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Merritt v. . ToddNew York Court of Appeals · 1861
- Thurston v. M'KownMassachusetts Supreme Judicial Court · 1810
- Wylie v. CotterMassachusetts Supreme Judicial Court · 1898
- Turner v. Iron Chief Mining Co.Wisconsin Supreme Court · 1889
- Newberry v. TrowbridgeMichigan Supreme Court · 1865
13 more not listed; retrieve them via the Exa API.