Cuyler v. Nellis
New York Supreme Court
This was an action of assumpsit tried at the Albany circuit in September, 1829, before the Hon. William A. Duer, then one of the circuit judges. The suit was against the defendant as the endorser of a promissory note. The plaintiffs were nonsuited on the ground of the insufficiency of the notice of protest.
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This was an action of assumpsit tried at the Albany circuit in September, 1829, before the Hon. William A. Duer, then one of the circuit judges. The suit was against the defendant as the endorser of a promissory note. The plaintiffs were nonsuited on the ground of the insufficiency of the notice of protest. The note was dated at Canajoharie, payable at the Commercial Bank in Albany; when due it was protested and notice of protest put in the post .office at Albany, directed to the defendant at Canajoharie, where he resided. On the part of the defendant it appeared that there were two…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The holder of a bill or note is required to use reasonable diligence in ascertaining the residence of the endorser, and such notice must be given as Will be most likely to reach him. In Miller v. Hackley, (5 Johns. R. 584,) notice by mail, where the parties resided in different places, was held sufficient. The same point was decided in the same way in the supreme court of Massachusetts, in Munn v. Baldwin, (6 Mass. R. 316,) and in that case a doubt is suggested, whether such notice would be good if it should appear that the letter miscarried, though it is intimated…
2Cases cited1 opinion
- Munn v. BaldwinMassachusetts Supreme Judicial Court · 1810
3Cited by13 opinions
- Seneca County Bank v. NeassNew York Supreme Court · 1848
- Remer v. DownerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Payson v. CaswellSupreme Judicial Court of Maine · 1842
- Branch of the Bank of the State at Decatur v. PeirceSupreme Court of Alabama · 1842
- Downer v. RemerNew York Supreme Court · 1839
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