Griffin v. Goff
New York Supreme Court
THIS was an action of assumpsit, on a promissory note, brought by the plaintiff as endorsee,, against the defendant as endorser, tried at the Jefferson circuit in June last, before Mr. T . ^ Justice operi'Cer, p - - ti ~ 1 he note was lor 255 dollars, drawn by one Johnson, at Off- ' ^ ° densburgh, August 12, 1814, payable to the defendant, or bearer, the 1st day of December (then) next.
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THIS was an action of assumpsit, on a promissory note, brought by the plaintiff as endorsee,, against the defendant as endorser, tried at the Jefferson circuit in June last, before Mr. T . ^ Justice operi'Cer, p - - ti ~ 1 he note was lor 255 dollars, drawn by one Johnson, at Off- ' ^ ° densburgh, August 12, 1814, payable to the defendant, or bearer, the 1st day of December (then) next. The defendant endorsed the note in the following words: “I order the contents of the within note to be paid to Daniel Griffin. Nathan Goff.” A witness for the plaintiff testified, that, on the 1st of Decém*.…
1Opinion of the Court
Spencer, J.,
delivered the opinion of the c'ourt. - It is perfectly settled,, that to fix an endorser,' the holder must demand,- or use due diligence, to obtain payment of the note, when it ‘becomes due;, and that when the maker makes, default, he must give notice thereof, with due diligence, to the endorser, , It iS-equally well settled, that -when a negotiable, note is endorsed, it is not tfernsndatile until the third day- of grape, unless the» third day be Sunday, in which case it is due on the sepond day; and that where notice is given to the endorser, prior to the demand .on the mak.er,…
2Cases cited1 opinion
- Jackson v. RichardsNew York Supreme Court · 1805
3Cited by10 opinions
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- Richter v. SelinSupreme Court of Pennsylvania · 1822
- Bell v. First Nat. Bank of ChicagoSupreme Court of the United States · 1885
- Montgomery County Bank v. Albany City BankNew York Supreme Court · 1850
- Folwell v. BeaverSupreme Court of Pennsylvania · 1825
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