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Schefrin v. Giresi

Decided: January 5, 1942.

SAMUEL SCHEFRIN, PLAINTIFF-RESPONDENT,
v.
JOSEPH GIRESI ET AL., DEFENDANTS; JOHN C. TELSON, DEFENDANT-APPELLANT



On appeal from a judgment of the Third Judicial District Court of Bergen County.

For the plaintiff-respondent, I. Robert Schefrin and Murray A. Laiks.

For the defendant-appellant, E. Gustave Greenwald and Harry Pett.

Before Justices Parker, Donges and Colie.

Donges

The opinion of the court was delivered by

DONGES, J. Plaintiff-respondent sued to recover the balance due on a promissory note, on which defendant-appellant

was endorser. Judgment was entered for plaintiff in the sum of $48.50, the amount alleged to be due on the date of trial.

The record and state of case as settled by the trial court is meagre and unsatisfactory. We determine the question raised on the state of case as submitted.

Admittedly, appellant was an endorser on the note sued on. The note was a demand note and was dated February 14th, 1939, in the sum of $105. It was stipulated by counsel that "notice of protest of the note was not given until the first day of May, 1940." There is no proof or finding of a demand for payment at Peoples Bank and Trust Co., Passaic, New Jersey, the designated place of payment, or elsewhere.

R.S. 7:2-102 provides:

"Notice may be given as soon as the instrument is dishonored; and unless delay is excused as hereinafter provided, must be given within the times fixed by this subtitle."

R.S. 7:2-103 provides for the giving of notice of dishonor when parties reside in the same place, and requires such notice to be given or mailed before ...


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