Ireland v. Kip

Decided October 15, 1813

New York Supreme Court · decided 1813-10-15

THIS was an action of assumpsit brought against the’defendant as endorsor of a promissory note, dated the 2SJ April, 1811, made by Samuel Kip for (£00 dollars, payable to the defendant ov order, thirty days after date. The cause was tried at the Nem-Torh sittings, in November last, before Mr. Justice Spencer.

Good law ✅— No negative treatment on recordhow we know

Decided 1813-10-15

How this case has been cited

Cited by 16 later decisions (1 by the Supreme Court) — most recently April 1904

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1Putting the notice in the postoffice in the city of New-York was not sufficient in this case. There was no post-office at Kipss Bay, where the defendant resided, and the penny-post or letter-carrier does not deliver letters at that distance. The holder of the note was bound to give personal notice, or to see that the notice reached the dwelling-house of the defendant, the place of whose residence must have been known to him.

¶2We are of opinion that a new trial ought to be awarded with costs to abide fop event of the suit.

¶3New trial granted.

¶4END OCTOBER TERM.