Wilson v. Senier
Wisconsin Supreme Court
EBBOB to the Circuit Court for Dane county. Action by the executrix of Wilson against McDonald as the maker, and Senier as the indorser of a negotiable promissory note, which fell due August 1-3, 1856. The complaint alleged that the note was indorsed by Senier to the plaintiff’s testator on tbe day it became due, or between that day and tbe 9tb of August, 1856; that McDonald was tben insolvent,. as Senier well knew, and bas continued insolvent ever since; that immediately…
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EBBOB to the Circuit Court for Dane county. Action by the executrix of Wilson against McDonald as the maker, and Senier as the indorser of a negotiable promissory note, which fell due August 1-3, 1856. The complaint alleged that the note was indorsed by Senier to the plaintiff’s testator on tbe day it became due, or between that day and tbe 9tb of August, 1856; that McDonald was tben insolvent,. as Senier well knew, and bas continued insolvent ever since; that immediately after tbe transfer, tbe testator was suddenly taken with severe illness, of wbicb be died on tbe day last mentioned, after…
1Opinion of the Court
By &6 Oourt,
Dixow, O. J.
The note on which this action was instituted was payable on a day certain. As to sucb it is well settled that they must be presented for payment on tbe very day they fall due, and that a delay of even.one day after the instrument has come to maturity, discharges the parties not primarily liable (Cbitty on Bills, 402); unless tbe delay or omission to present be excused by some accident or other circumstance, not attributable to tbe fault of tbe bolder, which renders it impossible or unsafe for him to do so (Idem, 385, 391, and 485 ; Tunno vs. Lague, 5 Johns. Cases, 1);…
2Cases cited8 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Mechanics' Bank of N. Y. v. GriswoldNew York Supreme Court · 1831
- Bank of Utica v. DavidsonNew York Supreme Court · 1830
- Jackson v. RichardsNew York Supreme Court · 1805
- Barton v. BakerSupreme Court of Pennsylvania · 1815
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Phipps v. HardingCourt of Appeals for the Seventh Circuit · 1895
- Bradford v. SturmanIdaho Supreme Court · 1963
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883