Sheppard v. Spates
Court of Appeals of Maryland
Appeal from’ the Circuit Court for Montgomery county. This was an- action of assumpsit,- by the holder against the endorser of a promissory note, dated 17th of October 1849,-payable “twelve months after date.” Exception.
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Appeal from’ the Circuit Court for Montgomery county. This was an- action of assumpsit,- by the holder against the endorser of a promissory note, dated 17th of October 1849,-payable “twelve months after date.” Exception. The plaintiff proved the making and endorsement of the note, and then offered the protest of the notary, by which- it appeared that payment was demanded of the maker, and notice sent to the endorser on the 19th of October 1850; qnd then proved that said 19th of October was Saturday, and that the' 20th of the same month was Sunday, and there rested his case. The court,…
1Opinion of the CourtEccleston, J.
The note on which this suit was instituted is dated 17th of *40210th month, (October,) 1849, and payable twelve months after date.'
The appellant contends, that allowing for the days of grace, the note fell due on the 20th of October 1850, but as that was Sunday, the demand was properly made on the 19th.
In 4 H. & J., 531, the note bore date the 14th of March 1810, and was payable twenty-one months after date. Payment was demanded on the 14th of December 1811. Judge Martin held the first count in the nar to be erroneous, because it'stated the demand to have been made the “14th day of December 1811,…
2Cases cited3 opinions
- Jackson v. Union BankCourt of Appeals of Maryland · 1823
- Kilgour v. MilesCourt of Appeals of Maryland · 1834
- Beck v. Thompson & MarisCourt of Appeals of Maryland · 1819