The Farmers' Bank of Bridgeport v. . Vail
New York Court of Appeals
Appeal from the Supreme Court. Action by indorsee against indorser on a promissory note. It was dated New York, October 24, 1854, and was -for $1,300, payable at the Broadway Bank, at three months, to the order of the defendant. The only question was, whether the defendant had been regularly charged as indorser. The note matured January 27, 1855, which was Saturday.
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Appeal from the Supreme Court. Action by indorsee against indorser on a promissory note. It was dated New York, October 24, 1854, and was -for $1,300, payable at the Broadway Bank, at three months, to the order of the defendant. The only question was, whether the defendant had been regularly charged as indorser. The note matured January 27, 1855, which was Saturday. On that day the Broadway Bank, to which, as it is to be inferred from the evidence, it had been forwarded for collection, placed it in the hands of a notary, who caused it to be presented for payment, and, payment being refused,…
1Opinion of the Court
There is but a single question attempted to be raised in the case, viz.: whether reasonable diligence was used in notifying the defendant of the non-payment of the note. I have intentionally used the expression, attempted to be raised, for it is to be doubted, as the case and exceptions are presented, whether the question of diligence can or should be considered. The question is one of law, when there is no dispute as to the facts. There was no dispute in this case, but instead of presenting the question to the referee, on a motion for a nonsuit, or in some other way, it seems not to have…
2Cases cited1 opinion
- Williams v. MatthewsNew York Supreme Court · 1824
3Cited by10 opinions
- Burkhalter v. . the Second Nat. BankNew York Court of Appeals · 1870
- West River Bank v. TaylorNew York Court of Appeals · 1865
- Whiting v. . City BankNew York Court of Appeals · 1879
- Rosson v. CarrollTennessee Supreme Court · 1891
- Blue Ribbon Garage, Inc. v. BaldwinSupreme Court of Connecticut · 1917
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