Watt v. Gans & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John G. Winter, Special Judge. This was an action of assumpsit, brought .by the appellees, A. & L. Gans & Co., against the appellant, J. T. Watt; and counted upon the common counts for goods sold and delivered, claiming as the amount due $437. The defendant filed a plea upon which issue was joined, which was as follows : “The defendant for answer to the said complaint saith, that he has paid the debt, for the…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John G. Winter, Special Judge. This was an action of assumpsit, brought .by the appellees, A. & L. Gans & Co., against the appellant, J. T. Watt; and counted upon the common counts for goods sold and delivered, claiming as the amount due $437. The defendant filed a plea upon which issue was joined, which was as follows : “The defendant for answer to the said complaint saith, that he has paid the debt, for the recovery of which this suit was brought, before the action was commenced.” The trial was had upon the following agreed…
1Opinion of the Court
HEAD, J. —
In general terms, it may be said that the law imposes upon the holder of a bank check the duty of presenting it for payment within a reasonable time; and, if he fail to present'the check seasonably, the delay is at his own peril. What is a reasonable time will.depend upon the facts in each case ; yet in the absence of exceptional circumstances, such reasonable time has been fixed. Thus it has been defined to be “the shortest period, within which, consistently with the ordinary employments and duties of commercial business, the duty of presentment and demand could be performed.”…
2Cases cited5 opinions
- Anderson v. RodgersSupreme Court of Kansas · 1894
- First National Bank v. MillerNebraska Supreme Court · 1893
- Stevens v. ParkIllinois Supreme Court · 1874
- Industrial Trust, Title & Saving Co. v. WeakleySupreme Court of Alabama · 1893
- Gifford v. HardellWisconsin Supreme Court · 1894
3Cited by11 opinions
- Jefferson County Savings Bank v. HendrixSupreme Court of Alabama · 1906
- Glenn v. City of BirminghamSupreme Court of Alabama · 1931
- Gordon v. LevineMassachusetts Supreme Judicial Court · 1907
- Stanley v. GreenSupreme Court of Alabama · 1920
- Hobart Nat. Bank v. McMurroughSupreme Court of Oklahoma · 1909
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