Davenport v. Gilbert
The Superior Court of New York City
Appeal by the defendant from a judgment entered on a verdict rendered on a trial had before Mr. Justice Woodruff, without a jury, on the 3d of October, 1859. The defendant is sued as payee and first indorser of a note for $524.63, dated January 1, 1854, made by P. J. Thomas, payable to defendant’s order, six months after date, at the Seventh Ward Bank.
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Appeal by the defendant from a judgment entered on a verdict rendered on a trial had before Mr. Justice Woodruff, without a jury, on the 3d of October, 1859. The defendant is sued as payee and first indorser of a note for $524.63, dated January 1, 1854, made by P. J. Thomas, payable to defendant’s order, six months after date, at the Seventh Ward Bank. When the plaintiff had read in evidence the note, and the notary’s certificate of protest and service of notice, and rested, the defendant testified, in his own behalf, that, when the note in suit became due, and thence until after this suit…
1Opinion of the Court
By The Court — Bosworth, Ch. J.
The defendant is sued as the payee and first indorser of a note dated the.lst of January, 1854, at six months for $524,63.
It was proved that the note was duly presented for payment on the 3d of July, 1854; that payment of it was demanded and refused, and that it was thereupon protested, and that notice thereof was duly served on the defendant on the 5th of said July. The notice so served was read in evidence, and in form is like the one served in Youngs v. Lee. (2 Kern., 552.) In the absence of proof that other notes existed which might render the applicability…
2Cases cited1 opinion
- Cook v. LitchfieldThe Superior Court of New York City · 1857