Salter v. Burt
New York Supreme Court
Demurrer to declaration. The action was against the defendant as the endorser of a check drawn by Benjamin Rathbun, on the cashier of the Bank of Buffalo for $500, payable to the defendant’s order. The check was dated August 21, 1836, but as.the count alleged was drawn on the 9th day of that month. The 21st day of August was Sunday, and payment of the check was demanded and notice of non-payment given to the defendant on Saturday the 20th day of the month.
1Opinion of the Court
By the Court, Bronson, J.
This check, having been post dated, was payable on the day of its date, without any days of grace. Mohawk Bank v. Broderick, 10 Wendell, 304. 13 id. 133. It fell due on Sunday, and the question is whether the demand of payment was well made on the previous Saturday, or whether it should have been made on the following Monday. When days of grace are allowable on a bill or note and the third day falls on Sunday, the bill or note is payable on the previous Saturday. The same custom of merchants which, as a general rule, allows three days of grace to the debtor, has…
2Cases cited1 opinion
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
3Cited by36 opinions
- Monroe Cattle Co. v. BeckerSupreme Court of the United States · 1893
- Lindenmuller v. PeopleNew York Supreme Court · 1861
- Hirshfield v. Fort Worth National Bank.Texas Supreme Court · 1892
- English v. WilliamsonSupreme Court of Kansas · 1885
- Bacon v. StateSupreme Court of Florida · 1886
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