Warnick v. Crane
New York Supreme Court
Error to the Montgomery common pleas, to review a judgment of that court affirming a judgment for the plaintiff rendered by a justice of the peace. The action was on a promissory note made by one Warren, payable to the order of Warnick, the defendant, ninety days after date, at the Farmers’ Bank of Amsterdam, and endorsed. by the defendant. The only question was upon the evidence of presentment to the maker for payment.
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Error to the Montgomery common pleas, to review a judgment of that court affirming a judgment for the plaintiff rendered by a justice of the peace. The action was on a promissory note made by one Warren, payable to the order of Warnick, the defendant, ninety days after date, at the Farmers’ Bank of Amsterdam, and endorsed. by the defendant. The only question was upon the evidence of presentment to the maker for payment. To prove this the plaintiff gave in evidence a certificate of a notary public, which stated that on the proper day he had caused the note to be presented at the bank at which…
1Opinion of the Court
By the Court, Beardsley, J.
The defendant could only be charged as endorser of the note by proving that it had been *461presented for payment at the proper time and place, and payment refused, and that he had due notice of these facts. No evidence but the notarial certificate was given to show that this note had been presented for payment; and the certificate in this respect is defective. It merely states that the notary caused the note to be presented for payment, which was refused. This certificate plainly imports that the presentation was not by the notary, but was by some one else acting for…
2Cited by4 opinions
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- Everett v. ParksNew York Supreme Court · 1872
- Gessner v. SmithCity of New York Municipal Court · 1888
- Ward v. WaterhouseThe Superior Court of New York City · 1864