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11 D.C. 22

Morton v. Cammack

District of Columbia Court of Appeals

Decided February 24, 1879

District of Columbia Court of Appeals · decided 1879-02-24

Action of assumpsit upon a promissory note against the maker and the administrator of the indorser. Fleas, never indebted, and that defendants did not promise. On the trial, the plaintiff* gave the note in evidence, and he offered proof that the note was protested for non-payment, and that notice of protest was deposited in the post office in the city of Washington, directed to the indorser at his place of business in said city in his lifetime.

Decided 1879-02-24

By the Court :

¶1The sole question in this ease is, whether, whqn both the holder and indorser of a promissory note reside in this city, it is . sufficient to hold the indorser by merely offering in proof certificate of a notary public, showing on its face demand on the maker, refusal to pay, and that notice of protest was deposited in the post office addressed to the indorser at his place of business. That this is not sufficient to hold the indorser was expressly decided in Bowling vs. Harrison, 6 How., 648; Ireland vs. Kipp, 11 John., 231. Authorities which suggest that in large cities, where the letter carrier system prevails, it might be sufficient to send notice through the post office, yet also show that in such cases the residence or place of business of the indorser must be proven to be within the limits of the carrier system, and that he is accustomed to receive his letter’s through that means. Nothing of the kind was attempted to be shown in this case.

¶2Judgment affirmed.

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