Dole v. Gold
New York Supreme Court
Error to the recorder’s court of the city of Buffalo, to review a judgment of that court affirming a judgment of a justice’s court. The action before the justice was for the recovery of the money due on a promissory note made by Andrew Cole, payable to the order of Benjamin Dole, and endorsed by him. Dole being served with process, appeared before the. justice and pleaded the general issue.
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Error to the recorder’s court of the city of Buffalo, to review a judgment of that court affirming a judgment of a justice’s court. The action before the justice was for the recovery of the money due on a promissory note made by Andrew Cole, payable to the order of Benjamin Dole, and endorsed by him. Dole being served with process, appeared before the. justice and pleaded the general issue. On the trial before the justice the plaintiff produced the pote, proved the making and endorsing thereof, a demand of payment of the maker in due. time, his refusal to pay, and that on the same day of the…
1Opinion of the Court
By the Court, Mullett, J.
The conditional nature of the endorser’s contract is not denied in this case, nor is it denied that to make the endorser liable, the holder of the note must prove on the trial, that the payment of the note was properly demanded of the maker, and refused or neglected by him; or, in other words, that the note was dishonored by the maker, and that the requisite notice was given to the endorser. The demand and non-payment were sufficiently proved before the justice, and the only question for our consideration relates to the sufficiency of the notice to the éndorser. The…
2Cases cited5 opinions
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- Brenzer v. WightmanSupreme Court of Pennsylvania · 1844
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