Ontario Bank v. Petrie
New York Supreme Court
This was an action of assumpsit, tried at the Oneida circuit ™ April, 1829, before the Hon. Nathan Williams, one of the circuit judges.
Read the full summary
This was an action of assumpsit, tried at the Oneida circuit ™ April, 1829, before the Hon. Nathan Williams, one of the circuit judges. The defendant was sued as the third endorser of a draft, ¿rawn by a firm of the name of Sprague & Dann on B-. & G. *' ao Bartow, and accepted by them for $350, dated 28th March, 1828, and payable five months after date'. The draft fell due on the 31st August, which being a Sunday, it was presented for payment on the 30th August, at New-York, where the acceptors resided, and not being paid, notice of the demand and non-payment was put into the post-office on…
1Opinion of the Court
By the Court,
Savage, Ch; J.
The only difficulty in this case is in the notice of non-payment. The note was due on the thirty-first day of August, 1828, which was Sunday, the demand was made on Saturday, the thirtieth, and notice sent by the first mail. The notice, dated the thirtieth, states payment, was demanded last evening instead of this evening. The judge was right in submitting to the jury the question, whether the defendant was misled. The case of Reedy v. Seixas, (2 Johns. C. 337, 8,) is similar in principle ; there, the note was misdescribed in the notice, and the court said it was…
2Cited by7 opinions
- Stanley v. Farmers' BankSupreme Court of Kansas · 1877
- Crawford v. Branch of the Bank of Alabama at MobileSupreme Court of Alabama · 1844
- Spies v. NewberryMichigan Supreme Court · 1847
- Administrator of Townsend v. Lorain BankOhio Supreme Court · 1853
- Lennig v. TobeySupreme Court of Pennsylvania · 1851
2 more not listed; retrieve them via the Exa API.