De Wolf v. Murray
The Superior Court of New York City
Assumpsit against the indorser of a hill of exchange for £230, dated at New York, August 14, 1847, drawn by W. Russell to the order of the defendant, and payable sixty days after sight.
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Assumpsit against the indorser of a hill of exchange for £230, dated at New York, August 14, 1847, drawn by W. Russell to the order of the defendant, and payable sixty days after sight. It was addressed to H. 0. Collard, as mentioned in the opinion, and was accepted by him on the 28th of August, 1847. The protest of the bill, signed and sealed by the notary, was read in evidence, in these words, viz.: “ On this 30th day of October, 1847,1, Arthur Ellis, Notary Public, duly admitted and sworn, dwelling in Liverpool, in the county of Lancaster, kingdom of Great Britain, at the request of the…
1Opinion of the CourtBy the Court. Vanderpoel, J.
It is contended in behalf of the defendant, that no sufficient evidence was given of a demand of payment from the acceptor of the bill in England, to render the defendant liable as indorser. The statute gives the notary’s certificate as a substitute for his personal testimony at the trial. (2 R. S. 212, § 46, 2d ed.)
The bill was directed to H. O. Collard, No. 18 Chapel Walks, Liverpool. The notary says in his certificate, that on the 30th day of October, 1847, he did, at the request of the holders, attend to exhibit the bill of exchange, at the office of H. O. Collard, at No. 18 Chapel Walks,…
2Cited by6 opinions
- Burbank v. BeachNew York Supreme Court · 1863
- Kramer & Rahm's AppealSupreme Court of Pennsylvania · 1860
- Schlesinger v. SchultzAppellate Division of the Supreme Court of the State of New York · 1905
- Pattee v. McCrillisSupreme Judicial Court of Maine · 1866
- Clough v. HoldenSupreme Court of Missouri · 1893
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