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Home > Art, Film & Photography > Civil Procedure Reports (Volume 5); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York
Civil Procedure Reports (Volume 5); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York

Civil Procedure Reports (Volume 5); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884. Excerpt: ... Baldwin v. Doying. The view that we have adopted of the statute was also taken by Mr. Justice Van Vorst in the case of,0 Bowe v. Campbell (2 2V. Y. Civ. Pro. 232). The unreported case of Campbell v. Moers cited upon appellant's brief would seem from the statement there given to conflict somewhat with our construction of the statute. We have no information respecting that case except that derived from the brief of the counsel, and while we entertain great respect for the opinion of the learned judge who wrote in the case, we cannot concur in the conclusions which he seems to have reached. The judgment should be affirmed. All concurred. BALDWIN et al. v. DOYING. City Court Of New York, Special Term, April, 1884. 481. Pleading.--What it svfficient allegation of notice of demand and nonpayment in action, on promissory note, against indorser. Where, in an action on a promissory note against an indorser, the complaint set out presentation for payment, demand, protest and notice of non-payment and protest, but did not allege that the defendant had notice of the presentation and demand for payment: Held, that it was sufficient; ' that while the indorser is entitled to notice of presentation and demand, he is bound to assume that he has received notice that a demand has been made where notice is sent him that a protest has been duly made; ', ' that the presumption is that the notary public properly performed his duty in making the protest. 'J Decided in 1868 at a special term of the supreme court, second department. Baldwin v. Doying. Pahquioque Bank c. Martin, (11 Abb. Pr. 291); - Cook v. Warren (88 JT. T. 87), 4 distinguished; Price v. McClave (6 Duer, 547), overruled. J (Decided April 22, 1884.) Motion for judgment on a demurrer to the complaint, as...


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Product Details
  • ISBN-13: 9781150655234
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 148
  • Spine Width: 8 mm
  • Width: 189 mm
  • ISBN-10: 1150655232
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 277 gr


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Civil Procedure Reports (Volume 5); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York
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