Anderson v. Drake
New York Supreme Court
THIS was an action of assumpsit, brought against the defendant as endorser of a promissory note, stated to be made on the 29th of November, 1814, at New-York, by one Benjamin Dickenson, by which he promised to pay to the defendant, or order, six months after date, 300 dollars.
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THIS was an action of assumpsit, brought against the defendant as endorser of a promissory note, stated to be made on the 29th of November, 1814, at New-York, by one Benjamin Dickenson, by which he promised to pay to the defendant, or order, six months after date, 300 dollars. The declaration contained two counts; the first count stated, that on the 1st of June, 1815, the plaintiff “ showed, and presented, and paused to be shown and presented, to the said Benjamin Dickenson, the said note, &c., and required him, then and there, to pay the same, which he refused, &c.” The second count stated,…
1Opinion of the Court
Thompson, Ch. J,,
delivered the opinion of the court. This case comes before the court on a demurrer to the second plea. The defendant being sued as an endorser of a promissory note, pleads specially, that the maker of the note had, shortly after the making thereof, and before it became payable, removed from the city of Mew■ York to Kingston, in Ulster county, there permanently to reside, which was well known to the plaintiff; and that no demand had been made upon the maker. The demur*116rer admits the truth of these allegations. And the question presented is, whether a demand upon the maker at…
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- Burt v. HornerNew York Supreme Court · 1849
- Lawrence v. . MillerNew York Court of Appeals · 1857
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