Hyperlawhypertext legal database Rhodes v. Clark 47 N.Y.S. 1147

← Cases

Rhodes v. Clark

47 N.Y.S. 1147 Court N.Y. City Ct. Decision date 1897-10-26 English

Contents

Majority

p. 1147
RHODES, Respondent, v. CLARK et al., Defendants (RUSSELL, Appellant).
(City Court of New York, General Term.
October 26, 1897.)

Headnote

Action by Benjamin T. Rhodes, Jr., against Milton Clark and others and Charles T. Russell.
Hoadly, Lauterbach & Johnson, for appellant.
Cantor & Van Schaick, for respondent.

The notice of dishonor sent to the appellant was sufficient. It was only necessary to notify him of the fact of the nonpayment of the notes in suit within a reasonable time after the nonpayment. Such notice was certainly given in this instance. The evidence certainly sustains the verdict, and, in our opinion, preponderates in plaintiff’s favor; and therefore the judgment is affirmed, with costs.