Lawrence v. . Miller
New York Court of Appeals
Appeal from the Supreme Court. This action was .commenced in that court against the defendant, Miller, as the indorser of a promissory note made by one B. B Boerum, dated New-York, January 31, 1855, payable, six months after its date, to the order of the defendant, at the Market Bank, in New-York, for $2500. The complaint set forth the making of the note and its indorsement by Miller to the plaintiff, and averred that at its maturity it was presented at the Market Bank for…
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Appeal from the Supreme Court. This action was .commenced in that court against the defendant, Miller, as the indorser of a promissory note made by one B. B Boerum, dated New-York, January 31, 1855, payable, six months after its date, to the order of the defendant, at the Market Bank, in New-York, for $2500. The complaint set forth the making of the note and its indorsement by Miller to the plaintiff, and averred that at its maturity it was presented at the Market Bank for payment and payment refused, and that notice of the demand and refusal was duly served upon Miller. The defendant,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In order to charge the indorser of commercial paper, notice of its dishonor, in cases where a notice is necessary, must be given by the holder thereof, or by some one of the parties thereto. Notice by a stranger is not sufficient. (Chitty on Bills, 8thAm. from 8th London ed., 526 to 529; Story on PromissoryNotes, §§ 301 to 307; Chanoine v. Fowler, 3 Wend., 173; Sewall v. Russell, id., 276.) An agent of the holder or other party may give the notice; but in doing…
2Cases cited5 opinions
- Chanoine v. FowlerNew York Supreme Court · 1829
- Anderson v. DrakeNew York Supreme Court · 1817
- Bank of Utica v. DavidsonNew York Supreme Court · 1830
- Catskill Bank v. StallNew York Supreme Court · 1836
- President of the Bank of Utica v. De MottNew York Supreme Court · 1816
3Cited by9 opinions
- First National Bank v. GridleyAppellate Division of the Supreme Court of the State of New York · 1906
- Cuming v. RoderickAppellate Division of the Supreme Court of the State of New York · 1898
- Trenton Trust Co. v. Hudson Mechanical Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1925
- First National Bank of Manning v. FarnemanSupreme Court of Iowa · 1894
- Traders' National Bank v. JonesAppellate Division of the Supreme Court of the State of New York · 1905
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