Legal Opinion

Union Trust Co. v. Barnhardt

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1935Published

1Opinion of the Court

In an action upon a promissory note, in which the trial justice directed a verdict in favor of the plaintiffs at the close of the entire case, judgment reversed on the law and a new trial granted, with costs to abide the event, on the ground that the trial court erred in not submitting to the jury the question as to whether the notice of protest had been properly mailed to the defendant in view of the testimony of the defendant that he had never received such notice at his place of residence, to which, in *830accordance with the affidavit of the notary, it had been mailed. (Townsend v. Avid, 10…

2Cases cited2 opinions

  1. Townsend v. AuldNew York Court of Common Pleas · 1894
  2. Meise v. NewmanNew York Supreme Court · 1894

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