Requa v. . Collins
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court upon trial at circuit without a jury. This action was upon a promissory note dated June 2,1864, payable one year after date, made by one Miller for the accommodation of one Brown, and indorsed by the latter and by the defendant, payable at the Flour City Bank, Rochester.
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Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court upon trial at circuit without a jury. This action was upon a promissory note dated June 2,1864, payable one year after date, made by one Miller for the accommodation of one Brown, and indorsed by the latter and by the defendant, payable at the Flour City Bank, Rochester. The answer denied notice of protest; and the only question litigated at the trial was whether notice had been properly served so as to charge…
1Opinion of the Court
Earl, C.
The defendant, at the date of the indorsement, had for ten years resided in Rochester, and she continued to reside there for six months thereafter, when she moved to the city of Hew York, where, during the last six months the note had to run, she resided. Heither the plaintiff nor his agents ■knew of this change of residence. They believed, in good faith, from information which they had received, that she continued to reside in Rochester. There is evidence tending to show that their inquiries as to her residence were made in the fall, winter and spring before the note fell due. They…
2Cases cited3 opinions
- Bank of Utica v. BenderNew York Supreme Court · 1839
- Bank of Utica v. PhillipsNew York Supreme Court · 1829
- Ward v. PerrinNew York Supreme Court · 1869
3Cited by6 opinions
- American National Bank v. Junk Bros.Tennessee Supreme Court · 1895
- Bank of the United States v. LunenfeldNew York Supreme Court · 1937
- Traders' National Bank v. JonesAppellate Division of the Supreme Court of the State of New York · 1905
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883
- University Press, John Wilson & Son, Inc. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1900
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