Merchants' Bank of Canada v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis M. Brown and another, as executors, etc., of William E. Spier, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 8th day of December, 1902,-upon the verdict of a jury, and also from an order bearing date the 30th day of October, 1902, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, Louis M. Brown and another, as executors, etc., of William E. Spier, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 8th day of December, 1902,-upon the verdict of a jury, and also from an order bearing date the 30th day of October, 1902, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes. The action is upon a promissory note made by the Republic Power and Cyaniding Company, dated Montreal, March 1, 1901, payable six months…
1Opinion of the Court
Chester, J.:
The note, having been made in Canada and being by its terms payable there, was a contract governed by the law of that Dominion (Merchants' Bank v. Griswold, 72 N. Y. 472 ; Union National Bank v. Chapman, 169 id. 538.). The Bills of Exchange Act, 1890, in Canada (53 Vict. chap. 33, § 49) provides in relation to notice of dishonor of bills and notes : “ Notice of dishonor, in order to be valid and effectual, must be given in accordance with the following rules: * * * Where the. drawer or indorser is dead, and the party giving notice knows it, the notice must be given to a personal…
2Cases cited1 opinion
- Merchants' Bank of Canada v. GriswoldNew York Court of Appeals · 1878