Bank of the United States v. Davis
New York Supreme Court
Assumpsit, tried at the Genesee circuit, in September, 1840, before Dayton, C. Judge. The action was brought to recover the amount of three hills of exchange drawn by Davis, endorsed by Chatfield, Tisdale and Williams, and accepted by Holden, all of whom except Williams, were made defendants.
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Assumpsit, tried at the Genesee circuit, in September, 1840, before Dayton, C. Judge. The action was brought to recover the amount of three hills of exchange drawn by Davis, endorsed by Chatfield, Tisdale and Williams, and accepted by Holden, all of whom except Williams, were made defendants. The first bill was for $1075, payable at the Merchants’ Bank in the city of New-York at four months, dated March 1st, 1837. The second was for $1250, dated March 10th, 1837, and the third for $2500, dated March 15th, 1837, both payable like the first, in respect to time and place. After the signatures of…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The certificates of the notary were properly received as evidence of demand and protest of the first two bills; and, under our statute, (Sess. Laws of 1833, p. 395, § 8, see also 2 R. S. 212, § 46, 2c? ed.,) I am inclined to think they were also evidence of notice to the cashier of the bank at Erie, the last endorser upon the paper.
The act referred to allows such proof of the sendee of notice upon any or all of the parties to the bill or note, the *457certificate specifying the mode of giving it. The only doubt upon the point is, whether the cashier of the bank at Erie,…
2Cases cited4 opinions
- Sandford v. HandyNew York Supreme Court · 1840
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Merritt & Myers v. BentonNew York Supreme Court · 1833
- Dunham v. GouldNew York Supreme Court · 1819