Porter v. Kemball
New York Supreme Court
THIS action was originally commenced before a justice of the peace of Jefferson county, against Thomas Graham, Daniel S. Kemball and Jane E. Godfrey, upon a promissory note made by Graham, February 1, 1861, for $55.99, payable to the order of Jane E. Godfrey & Co. at the Black Biver Bank, and indorsed to the plaintiff in the following words: “ I waive demand of protest.
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THIS action was originally commenced before a justice of the peace of Jefferson county, against Thomas Graham, Daniel S. Kemball and Jane E. Godfrey, upon a promissory note made by Graham, February 1, 1861, for $55.99, payable to the order of Jane E. Godfrey & Co. at the Black Biver Bank, and indorsed to the plaintiff in the following words: “ I waive demand of protest. (Signed) Jane E. Godfrey & Co.” The plaintiff recovered judgment in the justice’s court, against the indorsers, for $79.71 damages and costs. The name of Thomas Graham was dropped out, but it does not appear at what stage of…
1Opinion of the Court
By the Court, Morgan, J.
The evidence given, taken in connection with what was offered on the trial, (which, *469for the purposes of argument, may be regarded as though it had been received by the judge,) plainly establishes the fact that the plaintiff, at the time he discounted the note, required Mr. Godfrey to indorse it in the name of the firm, and to waive demand and notice of protest; so. that, in the language of the offer of evidence by the plaintiff, the indorsers should “ waive everything necessary to .charge them as indorsers;” and that the writing on the back of the note was intended to…
2Cited by5 opinions
- Wolford v. AndrewsSupreme Court of Minnesota · 1882
- Johnson County Savings Bank v. LoweMissouri Court of Appeals · 1891
- Blatchford v. HarrisAppellate Court of Illinois · 1904
- Hood v. HallenbeckNew York Supreme Court · 1876
- Porter v. KimballNew York Supreme Court · 1870