Martin v. Winslow
U.S. Circuit Court for the District of Rhode Island
Assumpsit by indorsee against indorser on a promissory note given by Lewis Rousma-niere to the defendant [Andrew Winslow], on 4th September, 1819, for $1,129.76, payable on demand, at the New-England Commercial Bank in Newport. On the trial upon the general issue, it was admitted by the plaintiff [William Martin] that the note never was lodged at the Commercial Bank, and that no demand was ever made for payment upon Mr. Rousmaniere personally in his life time.
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Assumpsit by indorsee against indorser on a promissory note given by Lewis Rousma-niere to the defendant [Andrew Winslow], on 4th September, 1819, for $1,129.76, payable on demand, at the New-England Commercial Bank in Newport. On the trial upon the general issue, it was admitted by the plaintiff [William Martin] that the note never was lodged at the Commercial Bank, and that no demand was ever made for payment upon Mr. Rousmaniere personally in his life time. It further appeared, that Mr. Rousmaniere died suddenly on the 6th of May, 1820. After his death, a demand was made upon his…
1Opinion of the CourtStory, Circuit Justice
(charging jury). I have no hesitation in saying, that a note payable on demand must be demanded within a reasonable time, otherwise the indorser is discharged. What shall constitute a reasonable time is not a matter of absolute certainty, as to which a definite rule can be laid down. It must depend on circumstances. But unless there be circumstances in the case, which account for the delay, a neglect to demand payment of such a note for more than seven months is an unreasonable delay, and discharges the indorser. If the fact of such delay for such a length of time appear naked of all…
2Cited by19 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Breed v. HillhouseSupreme Court of Connecticut · 1829
- Merritt v. . ToddNew York Court of Appeals · 1861
- Spann v. BaltzellSupreme Court of Florida · 1847
- Thurston v. M'KownMassachusetts Supreme Judicial Court · 1810
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