Osborn v. Moncure
New York Supreme Court
This was an action of assumpsit, tried at the New-York ." . . r ’ circuit, m June, 1828, before the Hon, Ogden Edwards, one of the circuit judges, j o The suit was by the plaintiff, as payee against the defendants> as makers of a promissory note. On the third day of grace payment was demanded at the counting house of the defendants, of a clerk therein, (the defendants not being Present’) w^° sa^ the note W0UId not be paid.
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This was an action of assumpsit, tried at the New-York ." . . r ’ circuit, m June, 1828, before the Hon, Ogden Edwards, one of the circuit judges, j o The suit was by the plaintiff, as payee against the defendants> as makers of a promissory note. On the third day of grace payment was demanded at the counting house of the defendants, of a clerk therein, (the defendants not being Present’) w^° sa^ the note W0UId not be paid. The defendants had stopped payment a few days before. The plaintiff had a capias issued, upon which the defendants were arrested previous to three o’clock P. M. of the…
1Opinion of the Court
By the Court,
Sutherland, J.
The only question in this case is, whether the suit was prematurely commenced. It is admitted that the writ was served before three o’clock P. M. of the the third day of grace, payment having previously been regularly demanded and refused; the defendants having failed some days before. It is not denied that the maker is entitled to the days of grace. (2 Cowen, 766. 8 Cowen, 265, and the cases there cited. Chitty on Bills, 420, 1.)
Notice to the endorser on the third day of grace, after a demand upon the maker and his default of payment, is good although it need not…
2Cases cited1 opinion
- Lowry v. LawrenceNew York Supreme Court · 1803
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