Legal Opinion

Youngs v. Lee

New York Supreme Court

Decided June 5, 1854PublishedCited by 11 opinions

Motion for a new trial, on a bill of exceptions. The action was brought against the defendants Bell & Goodman as makers,- and the defendant Lee as indorser, of a promissory note, in .words and figures following: “ $1000. Rochester, July 4,1851. Three months after date, for value received, we promise to pay to the order of Charles M. Lee, at the American Exchange Bank, New-York, one thousand dollars. (Signed) Bell & Goodman.”

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Motion for a new trial, on a bill of exceptions. The action was brought against the defendants Bell & Goodman as makers,- and the defendant Lee as indorser, of a promissory note, in .words and figures following: “ $1000. Rochester, July 4,1851. Three months after date, for value received, we promise to pay to the order of Charles M. Lee, at the American Exchange Bank, New-York, one thousand dollars. (Signed) Bell & Goodman.” Indorsed “ Charles M. Lee.” . On the trial at the Monroe circuit in October, 1853, the plaintiff proved the making of the note by the defendants Bell & Goodman and the…

1Opinion of the Court

By the Court, Welles, J.

It is objected on the part of the defendant Lee, that the notice of the dishonor of the note was insufficient. The objections are, 1st, that the notice does not sufficiently identify the note; and 2d, that it does not state that the note had been presented for payment, and payment refused; nor any other facts conveying information to the indorser that the steps had been taken by the holder which were necessary to fix the liability of the indorser. In the case of Beals v. Peck, (12 Barb. 245,) the notice was similar to the one in this case, and the same objections to…

2Cases cited3 opinions

  1. Bank of Salina v. BabcockNew York Supreme Court · 1839
  2. White v. ColeNew York Supreme Court · 1840
  3. Beals v. PeckNew York Supreme Court · 1851

3Cited by11 opinions

  1. Pratt v. . ComanNew York Court of Appeals · 1868
  2. Farrington v. Frankfort BankNew York Supreme Court · 1857
  3. Proctor v. BaldwinIndiana Supreme Court · 1882
  4. Lay v. WissmanSupreme Court of Iowa · 1873
  5. Yellowstone National Bank v. GagnonMontana Supreme Court · 1897

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