Taylor v. Rennie
New York Supreme Court
THIS action was brought on a promissory note, signed by the defendants, A. & W. J. Rennie, and indorsed by the defendant Benjamin H. Loomis, dated July 21,1858, for $90, payable three months after date, with interest from July 1st, 1858, at the Bank of Binghamton. The note fell due and was protested on the 23d day of October, 1858, (the 24th being Sunday.) On the 27th of October the plaintiff wrote the following letter to the makers: “Hew York, Oct. 27th, 1858. Messrs.
Read the full summary
THIS action was brought on a promissory note, signed by the defendants, A. & W. J. Rennie, and indorsed by the defendant Benjamin H. Loomis, dated July 21,1858, for $90, payable three months after date, with interest from July 1st, 1858, at the Bank of Binghamton. The note fell due and was protested on the 23d day of October, 1858, (the 24th being Sunday.) On the 27th of October the plaintiff wrote the following letter to the makers: “Hew York, Oct. 27th, 1858. Messrs. A. & W. J. Rennie: Gent.—In reply to yours, I would say that if you will send me a draft on Hew York for the amount of your…
1Opinion of the CourtBarnard, J.
We differ with the court below in the construction of the letter of October 27,1858. In our view, that letter required an acceptance of the proposition contained in it, by return mail. Consequently, if not so accepted, the plaintiff was at liberty to consider it as rejected, and to proceed the same as if it had never been made.
The letter was mailed October 27. By due course it was received by the defendants on October 29th. The defendants did not mail any answer to it till November 3d. Thus at least four full days (one of them being Sunday, and another, general election day throughout the…
2Cases cited1 opinion
- Edmonston v. . McLoudNew York Court of Appeals · 1858
3Cited by6 opinions
- Maclay v. HarveyIllinois Supreme Court · 1878
- A. & J. Trounstine & Co. v. SellersSupreme Court of Kansas · 1886
- Howells v. StroockAppellate Division of the Supreme Court of the State of New York · 1900
- Howells v. StroockNew York Supreme Court · 1900
- Howell v. WrightNew York Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.