66 N.Y.S. 458 | N.Y. Sup. Ct. | 1900
Section 160 of the Negotiable Instruments Law (1897, chap. 612) provides that “ except as herein otherwise provided, when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom notice is not given is discharged.” In case the notice is mailed, section 179 directs where notice is to be sent: “ Where a party has added an address to his signature, notice of dishonor must be sent to that address; but if he has not given such address, then the notice must be sent as follows: (1) Either to the post-office nearest to his place of residence or to the post-office where he is accustomed to receive his mail; or (2) if he live in one place, and have his place of business in another, notice may be sent to either place; or (3) if he is sojourning in another place, notice may be sent to the place where he is sojourning.” The indorser, Benjamin Reinheimer, did not add any address to his signature. He resided in the borough of Manhattan, so that under the statute
Judgment in favor of defendant, Benjamin Reinheimer.