Artisans' Bank v. Backus
New York Supreme Court
This action was brought against the defendant Backus as indorser of a promissory note made by James R. Gilmore, for $5,120.70; this note was made and passed to the plaintiff to stand in the place of and to take up another note for the same amount, made and indorsed by the same parties, and which fell due the 7th day of November, 1857—the date of the note in suit, as the plaintiff claims.
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This action was brought against the defendant Backus as indorser of a promissory note made by James R. Gilmore, for $5,120.70; this note was made and passed to the plaintiff to stand in the place of and to take up another note for the same amount, made and indorsed by the same parties, and which fell due the 7th day of November, 1857—the date of the note in suit, as the plaintiff claims. The first note, of which the note in suit is a renewal, was given for a loan made by the plaintiff. An alleged alteration of the date of the note, and an alleged contract by the plaintiff to extend the time…
1Opinion of the Court
By the court, Barnard, J.
The question of the alteration of the note was one of pure fact for the jury. The learned justice who tried this action could not have withdrawn the question from their consideration. The notice of protest was sufficient. It described the note by giving its amount, *251date, and the time it was to run, and that it was protested for non-payment. The inference is, that it was demanded and protested on the day it became due (Young agt. Lee, 2 Kern. 551). The only remaining question is as to the discharge of the defendant Backus, by reason of the bank having extended the time…
2Cases cited2 opinions
- Burbank v. BeachNew York Supreme Court · 1863
- Tillou v. Clinton & Essex Mutual InsuranceNew York Supreme Court · 1850