Etheridge v. Ladd
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was upon a promissory note, made by Ferguson and indorsed by Ladd.
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APPEAL from a judgment entered upon the report of a referee. The action was upon a promissory note, made by Ferguson and indorsed by Ladd. The referee found the following facts: That the plaintiffs are the administrator and administratrix of the goods, chattels and credits of Benjamin Etheridge, deceased, and as such administrators were at and long before the commencement of this action, and now are the owners of the promissory note mentioned and described in the complaint in this action, of which the following is a copy, viz: “ $89.71. Sermon, November 20th, 1861. One year from .date, for…
1Opinion of the Court
By the Court, Bockes, J.
The action is on a promissory note, against maker and indorser. The indorser alone defended, and the plaintiff recovered. The defense interposed was that the note was not duly protested, by reason whereof the defendant, the indorser, was discharged from liability.. The referee found that the note was presented for payment at the proper place, in the early part of the day on which it full due, and payment being refused or omitted, notice of such presentation and non-payment was immediately, and before noon of the same day, given to the indorser. After-wards, and on the…
2Cases cited3 opinions
- Osborn v. MoncureNew York Supreme Court · 1829
- Smith v. AylesworthNew York Supreme Court · 1863
- Briggs v. SmithNew York Supreme Court · 1854
3Cited by4 opinions
- Lester v. PeopleIllinois Supreme Court · 1890
- King v. CrowellSupreme Judicial Court of Maine · 1873
- Osborn v. RogersNew York Supreme Court · 1888
- German-American Bank v. Milliman, New York County Courts1900