Gillett v. Averill & Seymour
New York Supreme Court
Assumpsit on a promissory note against the endorsers, tried at the St. Lawrence circuit, before Willard, Cir. J. The plaintiff had been appointed the receiver of the St. Lawrence Bank, an association organized under the general banking law, pursuant to proceedings against that institution as an insolvent corporation; and an assignment to him of its effects had been made.
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Assumpsit on a promissory note against the endorsers, tried at the St. Lawrence circuit, before Willard, Cir. J. The plaintiff had been appointed the receiver of the St. Lawrence Bank, an association organized under the general banking law, pursuant to proceedings against that institution as an insolvent corporation; and an assignment to him of its effects had been made. A promissory note made by Sylvester Gilbert, payable to the order of and endorsed by the defendants, for the sum of $1107,10, three- months from date, at the St. Lawrence Bank, and dated December 29th, 1840, was proved and…
1Opinion of the Court
By the Court, Whittlesey, J.
The presentment for payment was sufficient. It is understood to be the custom of banks holding promissory notes, payable at their own counter, to wait, on the day of the maturity of the note, until the close of business hours, and then if the maker has no funds, to give notice of non-payment, without making any other demand of payment. This custom is sanctioned by judicial decisions. (Bank of the United States v. Carnead, 2 Pet. 543; Berkshire Bank v. Jones, 6 Mass. 524 ; Ogden v. Dobbin, 2 Hall’s Rep. 112.) It may be usual for the teller, or other officer, to…
2Cases cited6 opinions
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
- President of the Berkshire Bank v. JonesMassachusetts Supreme Judicial Court · 1810
- Cleveland v. LoderNew York Court of Chancery · 1839
- Ontario Bank v. SchermerhornNew York Court of Chancery · 1843
- Seneca County Bank v. SchermerhornCourt for the Trial of Impeachments and Correction of Errors · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bank of Syracuse v. . HollisterNew York Court of Appeals · 1858
- German-American Bank v. Milliman, New York County Courts1900
- Merchants' Bank v. . ElderkinNew York Court of Appeals · 1862
- First National Bank v. CrittendenNew York Supreme Court · 1873
- Merchants' Bank v. ElderkinNew York Court of Appeals · 1862
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