Caldwell v. Cassidy
New York Supreme Court
On error from the C. P. of Albany. Cassidy declared against Caldwell in the court below, as the maker of a promissory note for $70, payable to Cassidy, or order, 60 days after date, at the Franklin bank in the city of Mew York.
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On error from the C. P. of Albany. Cassidy declared against Caldwell in the court below, as the maker of a promissory note for $70, payable to Cassidy, or order, 60 days after date, at the Franklin bank in the city of Mew York. The defendant pleaded that he was, at the time and place of 1 , 7 . . 1 payment mentioned in the note, ready and willing to pay the money, and ever since had been, and now is ready and willing to pav at the bank: but that the plaintiff never ° J r 0 manded payment, nor presented the note for payment at the bank. On demurrer and joinder, the court gave judgment for the…
1Opinion of the Court
Ouria, per SAVAGE, Ch. J.
The question raised by the demurrer, has, I apprehend, been already decided by this court. The case of Wolcott v. Van Santvoord, (17 John. 248,) contains all the law necessary to its decision. In that case, the declaration was demurred to, because a dcmand at the place of payment was not averred. Chief *271Justice Spencer reviewed most of the cases, and discussed the subject with his usual ability. A majority of the court held that such an averment was not necessary; but that if the defendant was ready, at the time and place, to pay the money, that was matter of defence…
2Cases cited2 opinions
- Ruggles v. PattenMassachusetts Supreme Judicial Court · 1812
- Wolcott v. Van SantvoordNew York Supreme Court · 1819
3Cited by22 opinions
- Hills v. . PlaceNew York Court of Appeals · 1872
- Indig v. . National City BankNew York Court of Appeals · 1880
- St. Paul National Bank v. CannonSupreme Court of Minnesota · 1891
- Commercial National Bank of Chicago v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1878
- Dougherty v. Western BankSupreme Court of Georgia · 1853
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