Latham v. Sheff
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles H. Latham, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chenango on the 29th day of December, 1919, upon the decision of the court, rendered after a trial at the Chenango Trial Term, without a jury, dismissing the complaint.
1Opinion of the Court
H. T. Kellogg, J.:
• This is an action by an indorser of two negotiable instruments to recover from a prior indorser the amount which the former was compelled to pay upon a default by the primary debtor. The question involved relates to the service of a notice of protest upon the defendant.
It is provided in section 923 of the Code of Civil Procedure that the certificate of a notary public of the service upon a party to a note or bill of exchange of a notice of its presentment and non-payment is “ presumptive evidence” of the facts certified, unless the party against whom it is offered within…
2Cases cited3 opinions
- Potts v. . PardeeNew York Court of Appeals · 1917
- Cuming v. RoderickAppellate Division of the Supreme Court of the State of New York · 1898
- Meise v. NewmanNew York Supreme Court · 1894
3Cited by3 opinions
- Trusts & Guarantee Co. v. BarnhardtNew York Court of Appeals · 1936
- Reardon v. WoodNew York Supreme Court · 1931
- Reardon v. Olympic Theatre Corp.Appellate Division of the Supreme Court of the State of New York · 1930