McFarland v. Pico
California Supreme Court
Appeal from the District Court.of the First Judicial District, County of Los Angeles. This is an action of assumpsit upon a promissory note executed by Carpenter, as principal, and Pico, as surety. On the last day of grace, during the afternoon, some hours previous to sunset, the note was presented by a notary public, at the request of the plaintiffs, to Carpenter, for payment, which was refused.
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Appeal from the District Court.of the First Judicial District, County of Los Angeles. This is an action of assumpsit upon a promissory note executed by Carpenter, as principal, and Pico, as surety. On the last day of grace, during the afternoon, some hours previous to sunset, the note was presented by a notary public, at the request of the plaintiffs, to Carpenter, for payment, which was refused. The. note was then formally protested for non-payment, and “ notice,, of protest” given the same afternoon to Pico, by letter, addressed !¡ to him at his residence, and there delivered to a person,…
1Opinion of the Court
Field, J., after stating the facts, delivered the opinion of the Court—Terry, C. J., and Burnett, J., concurring.
In support of the position, that the demand and notice were premature, the defendant’s counsel cites the case of Toothacre v. Cornwall, 4 Cal., 28. In the opinion delivered in that case, *631the Court say, that when a note is payable in bank, notice of non-payment may be given to an endorser on the evening of the day on which the note is payable after the close of banking-hours ; and when the note is not payable in bank, notice may be given on the evening of the day it is payable at…
2Cases cited5 opinions
- Osborn v. MoncureNew York Supreme Court · 1829
- Coddington v. DavisNew York Supreme Court · 1846
- Bussard v. LeveringSupreme Court of the United States · 1821
- Wilcombe v. DodgeCalifornia Supreme Court · 1853
- Mayo v. MaddenCalifornia Supreme Court · 1854
3Cited by9 opinions
- Kimball v. Grantsville CityUtah Supreme Court · 1899
- In re Estate of CavarlyCalifornia Supreme Court · 1897
- Stanley v. McElrathCalifornia Supreme Court · 1890
- Bank of Montpelier v. Montpelier Lumber Co.Idaho Supreme Court · 1909
- Sabin v. BurkeIdaho Supreme Court · 1894
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