First National Bank v. Crittenden
New York Supreme Court
Exceptions ordered to be first heard at general term. The case was tried before Justice Baloom and a jury, at the Tompkins county circuit, in October, 1872. The action was brought upon a promissory note, of which Howell, one of the defendants, was maker, and the other defendants indorsers, which fell due on the 25th day of November, 1870. It is contested by the indorsers alone, on the ground of defective notice. The note was discounted at the plaintiff’s bank.
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Exceptions ordered to be first heard at general term. The case was tried before Justice Baloom and a jury, at the Tompkins county circuit, in October, 1872. The action was brought upon a promissory note, of which Howell, one of the defendants, was maker, and the other defendants indorsers, which fell due on the 25th day of November, 1870. It is contested by the indorsers alone, on the ground of defective notice. The note was discounted at the plaintiff’s bank. One of the indorsers, Hopkins, resided at Groton, where the plaintiff’s bank is located, and the other, Crittenden, resided at…
1Opinion of the CourtMiller, P. J.
It must be assumed as an established fact in this case, that the notices of protest were deposited in the post-office at Groton, where the bank was located, as required by law. The evidence abundantly establishes that such was the case, and there was, I think, no question for the jury to pass upon in this respect.
In this aspect of the case, the question arises whether the notices served on the 26th of November were sufficient to fix the liability of the indorsers. The notices given stated that the note in question “ was this evening protested for non-payment, the same having been duly…
2Cases cited15 opinions
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
- Montgomery County Bank v. . Albany City BankNew York Court of Appeals · 1852
- Youngs v. . LeeNew York Court of Appeals · 1855
- Chretien v. . DoneyNew York Court of Appeals · 1848
- Wynn v. AldenNew York Supreme Court · 1847
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