Leonard v. Barker
New York Supreme Court
Motion to set aside the report of a sole referee. • The action was by the holder against the fourth indorser of a promissory note. It was made by A. Hackley, payable to the order of P. Cassety nine months after date, at the Onondaga County Bank, for §460 ; and was indorsed by the payee and by two other persons and then by the defendant. The plaintiff’s name had been indorsed on the note, but when produced at the trial, that indorsement was erased.
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Motion to set aside the report of a sole referee. • The action was by the holder against the fourth indorser of a promissory note. It was made by A. Hackley, payable to the order of P. Cassety nine months after date, at the Onondaga County Bank, for §460 ; and was indorsed by the payee and by two other persons and then by the defendant. The plaintiff’s name had been indorsed on the note, but when produced at the trial, that indorsement was erased. After proving the genuineness of the indorsement and giving evidence touching the presentment for payment and notice of non-payment, the plaintiff…
1Opinion of the Court
By the Court, McKissock, J.
When the note in question fell due in the hands of Olcott, it was his business to see that all the indorsers whom he desired to charge should have regular notice of non-payment. If he had chosen to rely on his immediate indorser, the present plaintiff, alone, he might have contented himself with notifying him. And in the latter case *223't would have been for Leonard to give notice to charge Barker and any others he desired to fix. Olcott undertook, however, to charge the indorsers for himself, and if he did it effectually, it inured to the benefit of Leonard, and he…
2Cases cited1 opinion
- Brown v. WilliamsNew York Supreme Court · 1830
3Cited by7 opinions
- Loeb v. . WillisNew York Court of Appeals · 1885
- Webb v. . BuckelewNew York Court of Appeals · 1880
- Barker v. CassidyNew York Supreme Court · 1853
- Mandracchia v. RussoAppellate Terms of the Supreme Court of New York · 1967
- Burton v. StewartNew York Supreme Court · 1862
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