Cook v. . Litchfield
New York Court of Appeals
■Appeal from a judgment of the superior court of the city df New-York at general term (5 SanJ/'S.' C. R., 330), affirming a judgment in favor of the plaintiff at special term. ’ The action was brought against the defendant as endorser of four promissory notes.
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■Appeal from a judgment of the superior court of the city df New-York at general term (5 SanJ/'S.' C. R., 330), affirming a judgment in favor of the plaintiff at special term. ’ The action was brought against the defendant as endorser of four promissory notes. One of these notes was as follows: " “$740. Detroit, April 2d, 1849. ""■’“Nine months after date I promise to pay to the order of E7-0. 'Litchfiéld, Esq., at the Bank'óf New-York'in the city of New-York, seven hundred and forty dollars, value received, with-interest; ' “ J» L. Oarew.” The other three notes were precisely like the above,…
1Opinion of the Court
Ruggles, Ch. J.
One of the indispensible requisites of the notice to be given to the endorser of the dishonor of a note, is, that it should either expressly, or by just and natural implication, contain in substance a true description of the note, so as to identify it to the mind of the endorser. No particular form of words is necessary to be used for this purpose. The object of the notice is to put the endorser in possession of the material facts on which his own liability is founded, so that he may be enabled to take the necessary measures for his own security or indemnity against those who…
2Cases cited3 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- President of the Bank of Alexandria v. SwannSupreme Court of the United States · 1835
- Remer v. DownerCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by10 opinions
- Spies v. . National City BankNew York Court of Appeals · 1903
- Briggs v. LathamSupreme Court of Kansas · 1887
- People v. CassouCalifornia Court of Appeal · 1915
- Howard Ins. Co. of New York v. SilverbergU.S. Circuit Court for the District of Northern California · 1898
- New York Life Insurance v. McKellarSupreme Court of New Hampshire · 1895
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