Bryant v. Wilcox
California Supreme Court
Appeal from the District- Court, Tenth Judicial District, County of Colusa, The plaintiff had judgment, and the defendant Feder, who was the endorser, appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Crockett, J.:
The action is against the defendant as the endorser of a promissory note made November 15, 1871, and payable twelve months after date. As the law then stood three days of grace were allowed, and the note became due on the 18th of November, 1872, but was not presented on that day to the maker for payment, and no sufficient excuse is shown for the failure to present it, unless the facts found by the Court constitute a waiver by the defendant of demand and notice. But the Court finds that immediately before the maturity of the note the defendant told the plaintiff “to…
2Cases cited1 opinion
- Bruce v. LytleNew York Supreme Court · 1852
3Cited by3 opinions
- Torbert v. MontagueSupreme Court of Colorado · 1906
- James v. WardSupreme Court of Colorado · 1926
- Evans v. CominsOhio Court of Appeals · 1914