Sabin v. Burke
Idaho Supreme Court
On petition for a rehearing. 'Court grants a rehearing. The rehearing, as we understand the opinion of the court, is-confined to one single question — “whether suit on the $7,300-note was prematurely brought.” This may be regarded as a mixed question of law and fact, but as the testimony is not contradictory on this point, it is really a question of law.
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On petition for a rehearing. 'Court grants a rehearing. The rehearing, as we understand the opinion of the court, is-confined to one single question — “whether suit on the $7,300-note was prematurely brought.” This may be regarded as a mixed question of law and fact, but as the testimony is not contradictory on this point, it is really a question of law. This note, made and dated Saturday, September 21st, and maturing one day after date, without grace, would mature, by its terms, on the twenty-second day of September, 1889, but as the 22d was Sunday and a legal holiday, payment could not be…
1Opinion of the CourtMorgan, J.
In above cause attorneys for appellants file petition for rehearing and desire to resubmit, first the question: “As to whether or not a note without grace made payable in a bank, placed and remaining therein for collection until due, may be sued upon after banking hours, on the evening of the day it falls due, when the opening and closing hours are well known to the maker.” We shall examine this question in the light of the law as we understand it to exist to-day, and in doing so will be obliged to pass over some of the same ground partially covered by the original opinion.
Daniel on…
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