Manchester v. Van Brunt
New York Court of Common Pleas
Appeal from city court, general term. Action by George N. Manchester and others against Thomas C. Van Brunt, impleaded with E. 0. Butcher, on a promissory note. From a judgment of the general term affirming a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtPryor, J.
To an action by the holders of a note against the indorser, the defendant pleads a discharge for default in notice of dishonor. The note being payable, and the indorser resident, in the city of New York, the plaintiffs availed themselves of the method of notice provided by statute; namely,- by deposit in the post office. But, by indorsement on the envelope containing the protest, the postmaster was requested to return it to the plaintiffs if not delivered within 10 days; and the argument is that this direction defeated the effect of the deposit as a notice. We are of opinion that the…
2Cases cited8 opinions
- Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
- Gawtry v. . DoaneNew York Court of Appeals · 1872
- Gaffney v. BigelowNew York Supreme Court · 1876
- Jacobs v. HookerNew York Supreme Court · 1847
- Montgomery County Bank v. . MarshNew York Court of Appeals · 1852
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3Cited by7 opinions
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- Townsend v. AuldNew York Court of Common Pleas · 1894
- Perl v. New York City Housing AuthorityNew York Supreme Court · 1962
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