Nichols v. Goldsmith
New York Supreme Court
This was an action of assumpsit, tried at the Tompkins circuit, in January, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The defendant was sued as the endorser of a promissory note, dated 12th April, 1824, payable 88 days after date, at the Newburgh Branch Bank, at Ithaca. The note was left at bank for collection, and on the day it fell due, there were no funds provided and left at the bank for its payment, either by the drawer or any other person.
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This was an action of assumpsit, tried at the Tompkins circuit, in January, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The defendant was sued as the endorser of a promissory note, dated 12th April, 1824, payable 88 days after date, at the Newburgh Branch Bank, at Ithaca. The note was left at bank for collection, and on the day it fell due, there were no funds provided and left at the bank for its payment, either by the drawer or any other person. The evidence of notice of non-payment was a memorandum on the back of the note in these words : “ Noticed endorser by…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The facts not positively proved, are demand of the maker, and notice to the endorser, and the question is whether the evidence which was given, was, under the circumstances, sufficient. 1st. As to demand of payment: “ The general rule is, that a demand must be made on the maker of the note on the day it falls due. The exception is that when the note is payable at a particular place, such demand need not be made, if the holder, or any one for him, is at the place with the note, so that he may receiye the money and give up the note.” 13 Mass. 1$. 558, 9. In Saunderson…
2Cases cited2 opinions
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