Ferris v. Saxton
Supreme Court of New Jersey
THIS was an action brought by Ferris as endorsee, against Saxton as endorser of two promissory notes 4459 dollars 78 cents, each, made by one George Holcomb, to Saxton, and by him endorsed to one Gordon, and by Gordon to the plaintiff. The notes were both dated 21st February, 1814, and payable, the one at four, and the other at six months, at the State-Bank in New-Brunswick.
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THIS was an action brought by Ferris as endorsee, against Saxton as endorser of two promissory notes 4459 dollars 78 cents, each, made by one George Holcomb, to Saxton, and by him endorsed to one Gordon, and by Gordon to the plaintiff. The notes were both dated 21st February, 1814, and payable, the one at four, and the other at six months, at the State-Bank in New-Brunswick. The plaintiff proved the hand-writing of the maker and endorsers of tlio notes, and road the same to the jury; he also proved, that the notes were presented to the cashier of the bank, on the days on which they became…
1Opinion of the Court
Chief Justice.
This is an action on the case by the endorsee against the endorser, of two promissory notes, in which there was a verdict for the plaintiff for 10403 dollars 66 cents, and now it is moved' to set aside this verdict, and to grant a new trial.
There were several questions raised by the council for the defendant on the trial, but they have now thought proper to waive some of these, and to place the motion for a new trial upon two reasons only, viz.
1. That the plaintiff failed in making out his action, because he did not prove notice to the endorser of the non-payment of the notes by…
2Cases cited4 opinions
- Berry v. RobinsonNew York Supreme Court · 1812
- Chapman v. Lipscombe & PowelNew York Supreme Court · 1806
- Fisher v. EvansSupreme Court of Pennsylvania · 1813
- President of the Bank of Utica v. De MottNew York Supreme Court · 1816