Porter v. Kimball
New York Supreme Court
This was an appeal by the defendant from the judgment entered on a verdict had in the County Court of Jefferson county, upon trial on appeal from a justice of the peace. The plaintiff sued in the Justice’s Court, upon a note given by the defendant, Graham, to the firm of J. E. Godfrey & Co., for some fifty-six dollars, and indorsed as follows: “ I waive demand of protest. J. E. Godfrey & Co.” The defendant pleaded a general denial and the statute of limitations.
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This was an appeal by the defendant from the judgment entered on a verdict had in the County Court of Jefferson county, upon trial on appeal from a justice of the peace. The plaintiff sued in the Justice’s Court, upon a note given by the defendant, Graham, to the firm of J. E. Godfrey & Co., for some fifty-six dollars, and indorsed as follows: “ I waive demand of protest. J. E. Godfrey & Co.” The defendant pleaded a general denial and the statute of limitations. There Was judgment of nonsuit, and an appeal for a new trial to the County Court, where the plaintiff recovered judgment for the…
1Opinion of the Court
By the Court —
Johnson, J.
All the questions now raised in regard to the legal signification and effect of the words, “I waive demand of protest,” indorsed on the back of the note at the time the same was indorsed by the defendant’s firm and transferred to the plaintiff, and as to the admissibility of paroi evidence of the agreement on the subject of the Waiver of demand and notice of non-payment between the defendant’s firm and the plaintiff before the indorsement was made, were before the General Term of the fifth district, and were decided when this case was before it on a previous motion…
2Cases cited1 opinion
- Porter v. KemballNew York Supreme Court · 1868