McGrath v. Francolini
New York Supreme Court
Action by John M. McGrath against Mathilda Francolini, Emil Mayer, and others. Verdict directed for plaintiff against defendant Mayer.
1Opinion of the CourtErlanger, J.
If the defendant indorser’s liability depended upon facts showing diligence to discover his actual address for the mailing of notice of presentment and nonpayment, I should hold that he was entitled to judgment. It is apparent that very slight inquiry would have disclosed his address if the bank’s agents had resorted to the telephone directory, as it is testified by them that they did, but the measure of duty is defined by the statute (Neg. Inst. Law, § 179, subd. 1), and there was full compliance with the law. This defendant resided in the city of New York, and did not add his street address…
2Cases cited5 opinions
- Cuming v. RoderickAppellate Division of the Supreme Court of the State of New York · 1898
- Dupont de Nemour Powder Co. v. RooneyNew York Supreme Court · 1909
- Philip & William Ebling Brewing Co. v. ReinheimerNew York Supreme Court · 1900
- Cuming v. RoderickAppellate Division of the Supreme Court of the State of New York · 1898
- Webber v. GottholdCity of New York Municipal Court · 1894