193 A.D. 576 | N.Y. App. Div. | 1920
• This is an action by an indorser of two negotiable instruments to recover from a prior indorser the amount which the former was compelled to pay upon a default by the primary debtor. The question involved relates to the service of a notice of protest upon the defendant.
It is provided in section 923 of the Code of Civil Procedure that the certificate of a notary public of the service upon a party to a note or bill of exchange of a notice of its presentment and non-payment is “ presumptive evidence” of the facts certified, unless the party against whom it is offered within ten days of joinder of issue has served upon the adverse party an affidavit that he has not received the notice. It is provided in section 944 that “ a copy of a record or other paper, remaining in a'department of the government of the United States, is evidence, when certified by the head, or acting chief officer,
The judgment should be affirmed, with costs.
Judgment unanimously affirmed, with costs; Kiley, J., not sitting.