Leonard v. Gary
New York Supreme Court
This was an action of assumpsit, tried at the Rensselaer circuit in September, 1831, before the Hon. James Vanderfoel, one of the circuit judges. The suit was against the defendant, as the endorser of a promissory note for $1200, made by C. S. Tewksbury, bearing date 14th May, 1829, payable to the defendant at ten days notice. The signatures of the maker and endorser were admitted.
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This was an action of assumpsit, tried at the Rensselaer circuit in September, 1831, before the Hon. James Vanderfoel, one of the circuit judges. The suit was against the defendant, as the endorser of a promissory note for $1200, made by C. S. Tewksbury, bearing date 14th May, 1829, payable to the defendant at ten days notice. The signatures of the maker and endorser were admitted. On the note was an endorsement of $175, as paid by the maker, on the 30tli July, 1829, which payment it was admitted was made by the maker. There was a further endorsement or memorandum on the note, in the hand…
1Opinion of the Court
By the Court,
Nelson, J.
It is well settled in this court, that a promise of the endorser, although absolute and unconditional to pay the note to the holder, will not of itself dispense with regular demand and notice ; but that the plaintiff must shew affirmatively that the defendant knew he had not been regularly charged; and the reason given is, an endorser may believe due notice given, inasmuch as notice need not be personally served, and under a misapprehension of the fact, consider himself liable. Trimble v. Thorne, 16 Johns. R. 152. *508Jones v. Savage, 6 Wendell, 658. Within this rule I am…
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3Cited by10 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Cady v. . BradshawNew York Court of Appeals · 1889
- Leffingwell v. WhiteNew York Supreme Court · 1799
- Bruce v. LytleNew York Supreme Court · 1852
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