Lawson v. Pinckney
The Superior Court of New York City
Appeal from judgment and order. The action was against the defendant as the endorser of three promissory notes, drawn and dated at Philadelphia and payable there, and as the maker of two checks drawn on a bank in the city of New York. The complaint contained five causes of action—three on the notes, and two on the checks.
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Appeal from judgment and order. The action was against the defendant as the endorser of three promissory notes, drawn and dated at Philadelphia and payable there, and as the maker of two checks drawn on a bank in the city of New York. The complaint contained five causes of action—three on the notes, and two on the checks. The defendant, by his answer averred that no notice ■of protest or presentment of the notes was ever given to him, and he. annexed to his answer an affidavit specially alleging the same. The plaintiff, on the trial, produced and read in, evidence, the certificate of a notary…
1Opinion of the Court
By the Court.—Monell, Ch. J.
The admissibility of the notarial certificate as evidence, depends upon the construction of the act of 1865 (Laws of 1865, ch. 309), concerning proof of the protest of notes, which are payable out of this state.
That act provides that presentment pf such notes, and notice of protest may be made, “ according to the laws of such other state, &c. And in any action in any of the courts of this state . . . such proof of such presentment . . . and notice thereof, may be made, as is authorized and required by such laws. And on such proof being made, the . . . note shall be…
2Cases cited2 opinions
- Rogers v. JacksonNew York Supreme Court · 1838
- Fassin v. HubbardNew York Supreme Court · 1872