Leffingwell v. White
New York Supreme Court
This was an action of assumpsit, brought against .the defendant, as endorser of a promissory note, dated the 5th September, 1797, made by Miner & Servat to the defendant, and payable to him or order, six months after date, and endorsed by him to the plaintiffs.
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This was an action of assumpsit, brought against .the defendant, as endorser of a promissory note, dated the 5th September, 1797, made by Miner & Servat to the defendant, and payable to him or order, six months after date, and endorsed by him to the plaintiffs. On the trial before Mr. Justice Benson,, at the last Albany circuit, the note and endorsement. were proved, and it appeared in evidence that in February, 1798, before the note became due, the plaintiffs’ attorney to whom it had been sent for collection, called on the defendant and informed'him of-the purpose for which he had received…
1Per curiam
In general, the period of a month is construed to mean a lunar month, unless it is otherwise expressed; (a) but in the case of bills of exchange, the mode of cona*114puting time is by calendar, and not lunar months.. . The same reason applies to promissory notes, which in many respects stand bn the footing of bills, and are generally governed by the samé rules.(b)
On the second point, we are of opinion that the pending negotiation between the parties superseded the necessity of a demand of payment and of notice. The defendant was fully apprised of his situation before, and at the time the note…
2Cases cited8 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- People v. Mayor of New-YorkNew York Supreme Court · 1833
- Leonard v. GaryNew York Supreme Court · 1833
- Commonwealth v. ChaseMassachusetts Supreme Judicial Court · 1806
- Moore v. HoustonSupreme Court of Pennsylvania · 1817
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3Cited by11 opinions
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Allen v. RundleSupreme Court of Connecticut · 1882
- Cady v. . BradshawNew York Court of Appeals · 1889
- Leonard v. GaryNew York Supreme Court · 1833
- Clarke v. StumpfAppellate Division of the Supreme Court of the State of New York · 1920
6 more not listed; retrieve them via the Exa API.