Avery v. Stewart
Supreme Court of Connecticut
THIS was an action on a promissory note of the following icnour: “ Lisbon, December 6th, 1815. For value received, we jointly and severally promise “ Samuel Jlvery and Son, in sixty days from date, seven “ hundred thirty-four dollars, seventy-six cents, in cotton 'e yarn, at ten per cent, below the wholesale factory prices, to iS be delivered at the Lisbon Cotton-Factory store. “ Josiah Rose, as Agt. L. C. F. “ Alexander Stewart.”
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THIS was an action on a promissory note of the following icnour: “ Lisbon, December 6th, 1815. For value received, we jointly and severally promise “ Samuel Jlvery and Son, in sixty days from date, seven “ hundred thirty-four dollars, seventy-six cents, in cotton 'e yarn, at ten per cent, below the wholesale factory prices, to iS be delivered at the Lisbon Cotton-Factory store. “ Josiah Rose, as Agt. L. C. F. “ Alexander Stewart.” The defendants pleaded in bar, that the 4th day of February 1816, was Sunday ; that on the next day, at noon, they gave notice to the plaintiffs, at JVorwich, that…
1Opinion of the Court
Swtvt, Ch. J .
Where a note, or other obligation, is payable in a certain number of days from the date, the day of 1 he date is always excluded in the computation of the time. This note was, then, payable on the sixtieth day after the date, which, it is agreed, was Sunday.
It has been argued, that as tills note was payable within sixty days, the defendant, as it was unlawful for him to tender payment, on the last day, because it was Sunday, was bound to pay it on the preceding day. But where a note is made payable within a certain number of days, the promissor is not bound to tender payment…
2Cited by39 opinions
- In re Curtis & Castle ArbitrationSupreme Court of Connecticut · 1894
- Lamberti v. City of StamfordSupreme Court of Connecticut · 1944
- Austin, Nichols Co., Inc. v. GilmanSupreme Court of Connecticut · 1923
- Hirshfield v. Fort Worth National Bank.Texas Supreme Court · 1892
- Dwyer v. City of BrenhamTexas Supreme Court · 1888
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