Gawtry v. Doane
New York Supreme Court
THIS action was brought against the defendant as indorser of a promissory note made by Townsend & Gray, dated March 9, 1857, for $200, payable three months after date, to the order of the defendant, and indorsed by him for the accommodation of the makers.
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THIS action was brought against the defendant as indorser of a promissory note made by Townsend & Gray, dated March 9, 1857, for $200, payable three months after date, to the order of the defendant, and indorsed by him for the accommodation of the makers. The complaint, after alleging the making and indorsement of the note, demand and notice of non-payment, and that the plaintiffs were the lawful owners and holders of the note, alleged that the defendant, being indorser of said note, did, on or about the 19th day of June, 1857, take judgment by confession against said Charles E. Townsend and…
1Opinion of the Court
By the Court, Ingraham, J.
The notarial certificate of protest was properly received in evidence. The defendant did not annex to his answer the affidavit required by statute, (a) and the notarial certificate became presumptive evidence of the facts stated therein. (Lansing v. Coley, 13 Abb. Pr. 272.) The defendant then was at liberty to contradict the presumption arising from the certificate, by showing that it was untrue. This he attempts to do by proving that the demand of payment was not made by the notary, but that the certificate was founded on an entry made by his clerk. When such a mode…
2Cases cited5 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Nichols v. GoldsmithNew York Supreme Court · 1831
- Seacord v. Miller & MillerNew York Court of Appeals · 1855
- Lansing v. ColeyNew York Supreme Court · 1860
- Otsego County Bank v. WarrenNew York Supreme Court · 1854
3Cited by6 opinions
- Commercial Bank of Kentucky v. . VarnumNew York Court of Appeals · 1872
- Baer v. LeppertNew York Supreme Court · 1878
- Fassin v. HubbardNew York Supreme Court · 1872
- Brennan v. LowryNew York Court of Common Pleas · 1872
- Donaldson v. MeansSupreme Court of Pennsylvania · 1791
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