Legal Opinion

Evans v. Lumber Co.

Ohio Circuit Courts

Decided January 15, 1901PublishedCited by 1 opinion

Error to the Court of Common Pleas of Franklin county. In the court of common pleas the Geo. D. Cross Lumber Company brought suit against the Columbus Central Railway Company as maker and John I). Evans as indorser upon two promissory notes each payable at the Deshler National Bank, one dated Columbus, Ohio, June 24, 1896, and due three months after date, and the other dated Columbus, Ohio, August 8, 1896, and due September 5th next after date.

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Error to the Court of Common Pleas of Franklin county. In the court of common pleas the Geo. D. Cross Lumber Company brought suit against the Columbus Central Railway Company as maker and John I). Evans as indorser upon two promissory notes each payable at the Deshler National Bank, one dated Columbus, Ohio, June 24, 1896, and due three months after date, and the other dated Columbus, Ohio, August 8, 1896, and due September 5th next after date. It was averred in the petition that each note was duly indorsed to the plaintiff for a valuable consideration before maturity, and that it was the…

1Opinion of the CourtSummers, J.

On March 12, 1896 (92 O. L,, 61), an act was passed to' take effect and be in force from and after September 1, 1896, amending sections 3175 and 3176 of the Revised Statutes so as to abolish days of grace on bills and notes, etc., and to require demand of payment thereof to be made on the day mentioned for the payment of the same.

Prior to this amendment these sections provided that negotiable promissory notes, payable at a day certain after date, shall be entitled to three days of grace, and that demand of payment made on the third day of grace, and notice of non-payment thereof to' the…

2Cases cited7 opinions

  1. PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
  2. President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
  3. Kilgore v. BulkleySupreme Court of Connecticut · 1841
  4. Estes v. TowerMassachusetts Supreme Judicial Court · 1869
  5. McFarland v. PicoCalifornia Supreme Court · 1857

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Mott v. FultonOhio Court of Appeals · 1935

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