Gawtry v. . Doane
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the first district, affirming a judgment at the circuit in favor of the plaintiffs. (Eeported below, 48 Barb., 148.) The action was brought against the defendant as indorser of a promissory note made by Townsend & Gray, dated March 9, 1857, for $200, payable three months after date, to the order of the defendant and indorsed by him for the accommodation of the makers.
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Appeal from the judgment of the General Term of the Supreme Court in the first district, affirming a judgment at the circuit in favor of the plaintiffs. (Eeported below, 48 Barb., 148.) The action was brought against the defendant as indorser of a promissory note made by Townsend & Gray, dated March 9, 1857, for $200, payable three months after date, to the order of the defendant and indorsed by him for the accommodation of the makers. The defendant denied that the necessary steps had been taken to charge him as indorser. Upon the trial in the city of ISTew York, before a judge and jury, the…
1Opinion of the Court
Earl, C.
It is provided by statute (Laws of 1833, chap. 271, § 8) that in all actions at law the certificate of a notary under his hand and seal of the presentment by him of any promissory note for payment and of the protest thereof for non-payment shall be presumptive evidence of the facts contained in the certificate, unless the defendant shall annex to his plea an affidavit denying the fact of having received notice of non-payment of such note. Here the defendant served an affidavit denying the receipt by him of notice of non-payment, but it was not annexed to his answer, and hence cannot…
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- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Walker v. LeeSupreme Court of Florida · 1906
- Hatch v. . AttrillNew York Court of Appeals · 1890
- Maverick v. MauryTexas Supreme Court · 1891
- State ex rel. Victor Boom Co. v. PetersonWashington Supreme Court · 1902
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