Home Insurance v. Green
Home Insurance v. Green
Opinion of the Court
I am of opinion that the notice was not sufficiently certain. The most descriptive feature of a note is the name of the maker. The date, amount and time of the payment,' and the statement that the party served with the notice was an indorser, might or might not recall it to his recollection. One indorsing frequently for the accommodation of different persons, and keeping no bill-book, would not, by means of such a notice, ordinarily be able to identify the paper on which he was sought to be charged; nor would one who' indorsed and negotiated his own business paper, if his transactions of that kind were extensive, be much more likely to know what particular paper had been dishonored.
Several cases have been decided upon imperfect notices. In Shelton v. Braithwaite (7 Mees. & Wels., 436), one who had indorsed a bill, and had himself received notice of dishonor
None of these cases, I think, justify the judgment in this case. It is true that no precise form is necessary for these notices; but they must reasonably apprise the party of the particular paper upon which he is sought to be charged. If so much is not required, the giving of any notice is a useless formality. This notice does not satisfy that requirement.
I am of opinion that the judgment should be reversed.
Strong and Allen, Js., expressed no opinion; all the other judges concurring,
Judgment reversed, and new trial ordered.
Reference
- Full Case Name
- Home Insurance Company v. Green
- Status
- Published