Berry v. Robinson

Decided May 15, 1812

New York Supreme Court · decided 1812-05-15

THIS was an action of assumpsit, on a promissory note, dated file 25th August, 1803, made by one J. B. for 56 dollars, payable to the defendant or his order, in one year after date, with interest, The declaration stated that the defendant, before the payment the money mentioned in the note, or any part thereof, and after the time appointed by the note, for the payment thereof had elapsed, to wit, on the 17th May, 1808, for value received, endorsed the note, and thereby…

Good law ✅— No negative treatment on recordhow we know

Decided 1812-05-15

How this case has been cited

Cited by 9 later decisions — most recently September 1889

9 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.

¶1The plaintiff was properly nonsuited, for not

¶2proving demand of payment on the maker, and notice of his default to the endorsor. Though the note was endorsed long after it was due, yet the endorsee took it subject to this condition. The books make no distinction, on this point, whether a note be endorsed before or after it is due. The endorsement, in every case, where a drawer really exists, is a conditional contract to pay in the event of a demand, or due diligence to make a demand on the maker, and his default. It was equivalent in this case, to an order on the drawer to pay the amount. The motion to set aside nonsuit is denied.

¶3Motion denied.