Rogers v. Jackson
New York Supreme Court
Promissory note and notary’s certificate of demand and notice. This was a motion to set aside a report of ieferees. The action was assumpsit against the defendant as the second endorser of a promissory note, dated at “ Paterson Landing,” and payable “ at the bank of New-York.”
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Promissory note and notary’s certificate of demand and notice. This was a motion to set aside a report of ieferees. The action was assumpsit against the defendant as the second endorser of a promissory note, dated at “ Paterson Landing,” and payable “ at the bank of New-York.” The making and endorsement of the note was proved by parol evidence, and the plaintiff then introduced a notary's certificate* stating a demand and protest for non-payment, and then proceeding as follows ; “ and I did on the same day, put into the post-office in the city of New-York, a notice of. the said protest,…
1Opinion of the Court
By the Court,
Cowen, J.
The certificate is clearly defective, nor is it aided by the statute of April 23d, 1835, p. 152, § 1, dispensing with the necessity of sending and certifying notice to any particular post-office, unless the endorser direct where. That statute was passed long after this *385notice was served; and, besides, the statute expressly excepts notes dated anterior to its passage. 1 he note in this case bears date in 1832.
The only question, therefore, is, whether the objection was taken in season. I think it was. Had the objection been preliminary, in other words, addressed to the…
2Cited by4 opinions
- Seneca County Bank v. . NeassNew York Court of Appeals · 1850
- Lee v. Sterling Silk Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Lawson v. PinckneyThe Superior Court of New York City · 1875
- Supervisors of Kings v. WalterNew York Supreme Court · 1875