Smedes v. President of Bank of Utica
New York Supreme Court
THIS was an action of assumpsit, tried at the Ontario circuit, in June, 1821, before Mr. Justice Yates. The declaration contained three counts, besides the general money counts> The first count stated, that in consideration of certaal reasonable fees and rewards to be paid by the plaintiffs, the defendants undertook, and promised to give notice, or the non-payment of a certain promissory note, (setting forth,) left with them by the plaintiffs for collection, at their office,…
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THIS was an action of assumpsit, tried at the Ontario circuit, in June, 1821, before Mr. Justice Yates. The declaration contained three counts, besides the general money counts> The first count stated, that in consideration of certaal reasonable fees and rewards to be paid by the plaintiffs, the defendants undertook, and promised to give notice, or the non-payment of a certain promissory note, (setting forth,) left with them by the plaintiffs for collection, at their office, called the Utica Branch Bank, at Canandaigua, to John L. Spencer, one of the endorsers of the note, lhe second count…
1Opinion of the CourtWoodwobth, J.
Henry B. Gibson testified, that the uniform custom is, for the bank to cause notice to be given to all the endorsers; *378he considered this as the established custom and generad understanding; and that the bank appoint their own notary, with whom the customers have nothing to do.
The plaintiffs offered to produce other witnesses, conversant in banking business, to the same effect; but it was deemed unnecessary by the Judge.
Seymour, cashier of the Utica branch, testified, that this note, not being paid, was handed to Mower, agent of Childs, the notary usually employed by the bank, to protest, and…
2Cases cited5 opinions
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- United States v. WilkinsSupreme Court of the United States · 1821
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