Bryant v. Damariscotta Bank
Supreme Judicial Court of Maine
The action was assumpsit, on divers bills of the bank, amounting in the whole to the sum of four hundred dollars. There was a special count on each bill, wherein the plaintiff described the bill, alleged ownership in himself, a demand of payment thereof at the counter of the bank, in usual banking hours, a refusal to make payment at that or at any other time, that a delay of more than fifteen days had taken place, and that in consideration thereof, and by force of the…
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The action was assumpsit, on divers bills of the bank, amounting in the whole to the sum of four hundred dollars. There was a special count on each bill, wherein the plaintiff described the bill, alleged ownership in himself, a demand of payment thereof at the counter of the bank, in usual banking hours, a refusal to make payment at that or at any other time, that a delay of more than fifteen days had taken place, and that in consideration thereof, and by force of the statute in such case made and provided, the defendants became liable and promised to pay the amount of the bill, and damages,…
1Opinion of the Court
*243The opinion was by
Weston C. J.
The statute of 1838, c. 326, contains no repealing clause affecting any question presented in this case. In our opinion the third section is prospective in its operation, and is to be applied only to bills, the payment of which might be subsequently demanded. It did not therefore affect such as might have been previously demanded, or any right of action, which had accrued, under any former law.
A bank bill, like any other note of hand payable on demand but appointing no place of payment, may be sued, and the action may be sustained, without proof of any special…
2Cited by1 opinion
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