Berg & Co. v. Abbott
Berg & Co. v. Abbott
Opinion of the Court
delivered the opinion of the court January 2d 1877.
The note in suit was drawn by Jenks Budlong, payable to the order of M. H. Collins, at the Citizens’ Bank of Titusville. It was endorsed by Collins to the Citizens’ Bank, and by the bank to the plaintiffs. When due, it was protested for non-payment; the notary certifying, inter alia, that he had, during business hours, presented the said promissory, note at the Citizens’ Bank, and found it closed, and that he had duly notified the endorsers. This was a sufficient demand to charge the endorsers. It was held in Bumgardner v. Reeves, 11 Casey 250, that a visit to the maker’s place of business, for the purpose of making presentment, and finding it closed, is equivalent to an actual presentment and demand, and that a notarial certificate setting forth such facts might be given in evidence to sustain a oiarr. averring actual presentment and demand. When a note is made payable at a particular place, a personal demand is unnecessary: Byles on Bills, 5th Am. ed. 342-3, note. And it would seem, from the same authority (note to page 346),
Judgment reversed, and a procedendo awarded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.