Hunt v. Fish
New York Supreme Court
Motion by the defendants to set aside a report of referees and for á new trial. The action was assumpsit. The declaration contained the common counts; to which were subjoined copies of two promissory notes signed by Simons & Taft; the one for $1000, dated November 23d, 1842, payable three months after date, and endorsed by the defendants Jesse Fish and Vincent Taft, and by Jésse Matteson, Lewis Lawrence, and W. Hunt, the plaintiff; and the other for $500, dated March 21,…
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Motion by the defendants to set aside a report of referees and for á new trial. The action was assumpsit. The declaration contained the common counts; to which were subjoined copies of two promissory notes signed by Simons & Taft; the one for $1000, dated November 23d, 1842, payable three months after date, and endorsed by the defendants Jesse Fish and Vincent Taft, and by Jésse Matteson, Lewis Lawrence, and W. Hunt, the plaintiff; and the other for $500, dated March 21, 1843, payable three months after date, and endorsed by the defendants Jesse Fish and Vincent Taft; and by Lewis Lawrence.…
1Opinion of the Court
By the Court, Gridley, J.
We do not perceive any defect in the proof of the notice of protest to the defendant Taft. The residence of Taft, after his removal, was only one hundred rods *330distant from his former residence ; and notwithstanding it was situated in another town, it would not follow that the notice was erroneously sent. That would depend on the fact whether he was accustomed to get his letters at the office to which the notice was directed. (Reid v. Payne, 16 John. 218.) It appears from the evidence' that after his removal, Taft lived at the distance of only half a mile from the post…
2Cases cited1 opinion
- Reid v. PayneNew York Supreme Court · 1819
3Cited by10 opinions
- Fitzgerald v. New York Central & Hudson River RailroadNew York Supreme Court · 1891
- Tilden v. AitkinAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Estate of KeneNew York Surrogate's Court · 1894
- Darragh v. RossNew York Supreme Court · 1889
- Haas v. ZimmermannNew York Supreme Court · 1902
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