Clift v. Rodger
New York Supreme Court
Appeal by tbe defendant Rodger from a judgment, entered in Onondaga county upon the report of a referee. The action was brought upon a promissory note made by Margaret A. Rhoades and indorsed by the defendant, William C. Rodger, dated January 27, 1876, for $500, payable two months after date.
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Appeal by tbe defendant Rodger from a judgment, entered in Onondaga county upon the report of a referee. The action was brought upon a promissory note made by Margaret A. Rhoades and indorsed by the defendant, William C. Rodger, dated January 27, 1876, for $500, payable two months after date. The referee has found that “payment of the note was duly demanded, but said note was not paid, and the same was duly protested for non-payment, and notice thereof was mailed to H. O. Rodgers and not to the said William C. Rodger, and the said William C. Rodger did not recéive the same.” The referee also…
1Opinion of the Court
Hardin, J.:
Failing, upon the trial, to prove that notice of the dishonor of the note was given to the indorser, the plaintiff sought to recover by showing that no notice was necessary, and that the defendant was liable as indorser by reason of having taken security of the maker; and, secondly, because the chattel mortgage was renewed after the maturity of the note; and, thirdly, because the indorser had" accepted part payment upon the note after knowledge of want of protest, and that, therefore, there was a waiver thereof.
When notice of the dishonor is not given to the indorser, “ imjwry is…
2Cases cited8 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Tooker v. . ArnouxNew York Court of Appeals · 1879
- Mechanics' Bank of N. Y. v. GriswoldNew York Supreme Court · 1831
- Shultz v. DepuyThe Superior Court of New York City · 1856
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