New York Supreme Court, 1892

Anchor Brewing Co. v. McDonald

Anchor Brewing Co. v. McDonald
New York Supreme Court · Decided February 8, 1892 · Pratt
17 N.Y.S. 661; 44 N.Y. St. Rep. 274; 63 Hun 627; 1892 N.Y. Misc. LEXIS 441 (New York Supplement)

Counsel

William G. Valentine, for appellant. Wood & Morschauser, for respondents.

Anchor Brewing Co. v. McDonald

Opinion of the Court

Pratt, J.

The notarial protest is only evidence of the facts therein stated. It does not state that any notice was sent to the indorser, McDonald. The only proof made upon the trial of any notice to the indorser was the testimony of a witness that he sent her a letter two or three days after the note was due. The contents of the letter are not shown. Ho proof being given of sufficient notice, the nonsuit was properly granted. Judgment affirmed, with costs.

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