2 Johns. 204
Decided February 15, 1807
New York Supreme Court · decided 1807-02-15
This was an action on the case to recover the amount of a promissory note paid by the plaintiff. Held: when it became due* When the note was due, Atkinson delivered it to the. defendant, who is a public notary, and requested him to demand payment °f the note of the maker, and, in case of non-payment, to it, so as to charge the several indorsers. Payment was accordingly demanded by the defendant, and . ° , ^ , was refused.
Cited by 3 later decisions — most recently September 1884
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1807-02-15
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¶1The defendant, as a notary, was bound only to demand payment of the note, and to make his protest in case of non-payment. It was no part of his official duty to give the notice to the indorsers. His special undertaking to Atlcinson, that he would give such notice, will not enure to the benefit of the plaintiff. The promise was to Atlcinson, who has no further claim or demand, nor any cause of action against the defendant, since he has been paid the full amount of the note.
¶2Rule refused.