The Artisans' Bank v. . Backus
New York Court of Appeals
All that is essential to be communicated to an endorser to bind him as such, is that the note endorsed by him has not been paid at maturity; that it has been presented and protested for non-payment; together with a sufficient description to identify the note.
1Opinion of the Court
The defendant is sued as indorser of a promissory note, made by one J.R. Gilmore, payable at plaintiff's bank. The plaintiff had discounted a note for the same amount as the note in suit, made by the same parties, and which fell due November 7, 1857, and was protested for non-payment on that day. The president of the plaintiff applied to Gilmore, the maker, to take it up by a new note; and within six days thereafter Gilmore went to the store of the defendant and drew the note in suit, payable ninety days after date, to the order of the defendant, who then indorsed the same. When this note was…
2Cases cited5 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Hodges v. . ShulerNew York Court of Appeals · 1860
- Halliday v. . HartNew York Court of Appeals · 1864
- Bank of Cooperstown v. . WoodsNew York Court of Appeals · 1863
- Home Insurance Company v. . GreenNew York Court of Appeals · 1859
3Cited by2 opinions
- Northup v. CheneyAppellate Division of the Supreme Court of the State of New York · 1898
- Northup v. CheneyAppellate Division of the Supreme Court of the State of New York · 1898