Hazelton Coal Co. v. Ryerson
Supreme Court of New Jersey
This was an action against the defendant as indorser of a promissory note, made by Peter M. Ryerson and payable at the People’s Bank at Paterson. On the trial the plaintiffs proved the execution of the note and the defendant’s indorsement.
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This was an action against the defendant as indorser of a promissory note, made by Peter M. Ryerson and payable at the People’s Bank at Paterson. On the trial the plaintiffs proved the execution of the note and the defendant’s indorsement. They further proved by a notary that the note was duly presented and payment refused by the maker; and that notice of the non payment was, in proper season put in the post office at Paterson, directed to the defendant at Ringwood, Pompton post office. The Notary testified that he had previously sent other notices of a similar kind, directed in the same…
1Opinion of the Court
The opinion of the Court, was delivered by
Whitehead, J.
■ The single question presented by the case is, whether the notice of non payment, to the indorser, was sufficient. There were two offices nearer to the defendant’s residence than the one to which the notice was sent; but it was in evidence, *131that he was in the habit of transacting his business through the latter office. The undertaking of an indorser of a negotiable note or bill is, that if the same be not paid by the drawer upon a proper demand made at the time when by the terms thereof it becomes payable, and due notice of such non…
2Cases cited5 opinions
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
- Remer v. DownerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Bank of Geneva v. HowlettNew York Supreme Court · 1830
- Downer v. RemerNew York Supreme Court · 1839