Elkins v. Parkhurst
Supreme Court of Vermont
Assumpsit on a promissory note, dated in November, 1839, whereby the defendant promised to pay to the plaintiff, by the middle of February next following, 125 good merchantable sap buckets, or 820 worth of leather, to be delivered at the defendant’s shop in Troy.' Plea, the general issue, and trial by jury.
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Assumpsit on a promissory note, dated in November, 1839, whereby the defendant promised to pay to the plaintiff, by the middle of February next following, 125 good merchantable sap buckets, or 820 worth of leather, to be delivered at the defendant’s shop in Troy.' Plea, the general issue, and trial by jury. On trial the plaintiff offered no evidence tending to prove that the buckets, or the leather, mentioned in said note, had ever been demanded of the defendant before the commencement of this action. The defendant contended that the plaintiff was not entitled to recover, without proof of…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Though this note was payable in sap buckets or leather, at the option of the maker, yet a day certain was fixed, when it was to become payable. By a fair construction of the note, whether paid in buckets, or in leather, it must have been paid by the middle of February next following the date of the note. When a note is payable in a specific article on demand, a special demand is necessary before suit is brought; but when a day certain is fixed for payment, a special demand has never been held necessary.
The defendant also objects to the…
2Cases cited1 opinion
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
3Cited by9 opinions
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- Marlor v. Texas & P. R.U.S. Circuit Court for the District of Southern New York · 1884
- Cook v. FernandezSupreme Court of Florida · 1865
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