Stafford v. Yates
New York Supreme Court
ASSUMPSIT on a promissory note, dated Albany, October 1st, 1818, made by Sebastian 'Visscher, for 300 dollars, payable to the defendant, or his order, sixty-two days after date, at the Mechanics’ and Farmers’ bank, endorsed by the defendant, to the plaintiff. The cause was tried at the Albany circuit, in October, 1819, before Mr. Justice Van Ness.
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ASSUMPSIT on a promissory note, dated Albany, October 1st, 1818, made by Sebastian 'Visscher, for 300 dollars, payable to the defendant, or his order, sixty-two days after date, at the Mechanics’ and Farmers’ bank, endorsed by the defendant, to the plaintiff. The cause was tried at the Albany circuit, in October, 1819, before Mr. Justice Van Ness. It appeared, that.the note, endorsed by the defendant, and by the plaintiff, as second endorser, was discounted at the bank, where it was made payable, for the accommodation of the maker. The note was protested for non-payment on the 5th of…
1Per curiam
We see no. ground to doubt the correctness of the decision at the circuit. Upon authority, ás wel[ as sound reason, it is sufficient that the first endorser had notice from any subsequent holder of the note, of the default of the maker, and that he would be looked to for payment ; provided such notice‘were given immediately after such default. The only object in requiring notice is, that such endorser may have recourse to the maker, to indemnify himself. And whether, after such notice, the first endorser be sued by the second, or third endorser, is immaterial; and *330notice of non-payment, &c.…
2Cited by6 opinions
- Bank of the United States v. GoddardU.S. Circuit Court for the District of Massachusetts · 1829
- Beale v. . ParrishNew York Court of Appeals · 1859
- Butler v. DuvalTennessee Supreme Court · 1833
- Marr v. JohnsonTennessee Supreme Court · 1836
- Marr v. JohnsonTennessee Supreme Court · 1836
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