Burkhalter v. . the Second Nat. Bank
New York Court of Appeals
Appeal from a judgment entered upon the decision of the General Term of the Supreme Court, in the first judicial district, upon exceptions there heard in the first instance, ordering judgment to be entered upon a verdict in favor of the plaintiffs.
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Appeal from a judgment entered upon the decision of the General Term of the Supreme Court, in the first judicial district, upon exceptions there heard in the first instance, ordering judgment to be entered upon a verdict in favor of the plaintiffs. On the 24th day of March, 1866, at Erie, Pa., the defendant drew a draft for $1,166.89, in favor of Johnson & Brevillier, who resided at Erie, on Culver, Penn & Co., of New York; Johnson & Brevillier indorsed and at once forwarded the draft to plaintiffs, who received and credited the' same on their indebtedness to the plaintiffs. The draft was…
1Opinion of the Court
Earl, Ch. J.
The plaintiffs were bound to demand payment of the first draft on the day they received it (March 26) or the next day (March 27), and they had the right to hold it until the 27th. The draft being payable on demand, they were bound to use reasonable diligence in demanding payment, and a demand on the same day, or the next day, is, in the law, a demand within a reasonable time. (Chitty on Bills 377; Spring’fd ed. of 1842; Harker v. Anderson, 21 Wend., 372; Smith v. Jones, 20 Wend., 192; Benton v. Martin, 31 N. Y., 385; Merchants’ Bank v. Spicer, 6 Wend., 443; Hazleton v. Colburn, 2…
2Cases cited6 opinions
- Harker v. AndersonNew York Supreme Court · 1839
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
- Smith v. JanesNew York Supreme Court · 1838
- Turner v. Bank of Fox LakeNew York Court of Appeals · 1867
- The Farmers' Bank of Bridgeport v. . VailNew York Court of Appeals · 1860
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3Cited by30 opinions
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Dulberg v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1938
- Noble v. DoughtenSupreme Court of Kansas · 1905
25 more not listed; retrieve them via the Exa API.