Arnold v. Kinloch
New York Supreme Court
APPEAL by the defendant from a judgment entered upon' the report of a referee in favor of the plaintiff. The action was brought against Charles Kinloch, as indorser, and against another defendant as maker, of a promissory note for the sum of $657, dated at Troy, July 13, 1865, made by Alexander Gr. Kinloch, andpayable to the order of the defendant Charles Kinloch, six months after date, at the Mutual National Bank, and indorsed by the defendant.
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APPEAL by the defendant from a judgment entered upon' the report of a referee in favor of the plaintiff. The action was brought against Charles Kinloch, as indorser, and against another defendant as maker, of a promissory note for the sum of $657, dated at Troy, July 13, 1865, made by Alexander Gr. Kinloch, andpayable to the order of the defendant Charles Kinloch, six months after date, at the Mutual National Bank, and indorsed by the defendant. The only question litigated on the trial between the parties to this appeal was, whether sufficient notice of dishonor of the note had been given to…
1Opinion of the CourtHogeboom, J.
The single question here is, whether notice, ■ given the day after the maturity of a promissory note, properly describing the paper, and merely stating that it had not been paid, and requesting payment, is sufficient to charge the indorser. For as the indorser in this case made ho promise to pay which would justify the inference of an intention to dispense with the observance of any of the formalities essential to charge him as such, we cannot properly say there was any waiver of due notice of the dishonor of the note, which can only be effectual when made with a knowledge of the facts.…
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