Seneca County Bank v. Neass
New York Supreme Court
Assumpsit ón a promissory note, against the second indorser, ,ried at the Seneca circuit, in November, 1844, before Whiting, Cir. J. The plaintiffs proved the defendant’s indorsement to a note dated July 9, 1843, made by N. P. Lee, to the order of A. Reading, for- the payment of two thousand dollars at the Seneca County Bank, [at Waterloo,] nine months from date, indorsed by the payee and by the defendant.
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Assumpsit ón a promissory note, against the second indorser, ,ried at the Seneca circuit, in November, 1844, before Whiting, Cir. J. The plaintiffs proved the defendant’s indorsement to a note dated July 9, 1843, made by N. P. Lee, to the order of A. Reading, for- the payment of two thousand dollars at the Seneca County Bank, [at Waterloo,] nine months from date, indorsed by the payee and by the defendant. To sho-w that the defendant had been charged as indorser, the plaintiffs gave in evidence a certificate, or protest, under the hand and official seal of P. T. Mumford, a notary public. This…
1Opinion of the CourtMcKissock, J.
The counsel for the defendant objects to the sufficiency of the certificate of the notary, that it does not disclose the contents of the notice; and it is said that inasmuch as a protest is not applicable to a promissory note, the certificate of a protest has no legal signification, and that the statement in the foot of the paper that on the day of the date of the protest notices of it were deposited in the post office amounts to nothing more than evidence of notice of the performance of an act having no legal meaning. But it will be remembered that the certificate of protest states the facts…
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