Walmsley v. Acton
New York Supreme Court
THIS was an action brought upon a promissory note, for $102.77, dated December 6, 1860, made by William A. Hash, and payable to the order of himself, nine months after date, with interest; which note was indorsed by him and delivered to one John Walmsley, who subsequently, for value received, sold and delivered the same to the plaintiff, James Walmsley.
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THIS was an action brought upon a promissory note, for $102.77, dated December 6, 1860, made by William A. Hash, and payable to the order of himself, nine months after date, with interest; which note was indorsed by him and delivered to one John Walmsley, who subsequently, for value received, sold and delivered the same to the plaintiff, James Walmsley. The complaint set forth the above facts, and alleged the presentment of the note, at maturity, the non-payment thereof, and protest and notice thereof. The answer was a general denial of the matters stated in the complaint. The action was…
1Opinion of the Court
By the Court, E. Dab win Smith, J.
The defendant is sued as an indorser of a note of $102.22, and the only question raised at the circuit was whether he had been duly fixed as such indorser. It was there held that he had not been duly charged upon the note, and judgment was given for the defendant. Two points are presented upon the argument of the cause. It was held by the learned judge who tried the cause at the circuit without a jury, that the notice of protest mailed by the plaintiff to and received by the defendant was insufficient and void by reason of the omission of the plaintiff’s or…
2Cases cited2 opinions
- Wynn v. AldenNew York Supreme Court · 1847
- Walker v. Bank of MissouriSupreme Court of Missouri · 1844
3Cited by2 opinions
- First National Bank v. GridleyAppellate Division of the Supreme Court of the State of New York · 1906
- First National Bank v. CrittendenNew York Supreme Court · 1873