Nichols v. . Pool
Supreme Court of North Carolina
AotioN of AssuMpsit, tried before his Honor Judge Dice, at the Fall Term, 1854, of Pasquotank Superior Court. The plaintiff declared on the following promissory note, viz: “ Elizabeth City, Sept. 9, 1852. “Pour months after date I promise to pay James Nichols or “ order, for value received, one hundred and thirteen dollars “ and ninety-six cents, negotiable and payable at the Branch “Bank of the State of North Carolina, at this ¡hace.” Signed by the defendant.
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AotioN of AssuMpsit, tried before his Honor Judge Dice, at the Fall Term, 1854, of Pasquotank Superior Court. The plaintiff declared on the following promissory note, viz: “ Elizabeth City, Sept. 9, 1852. “Pour months after date I promise to pay James Nichols or “ order, for value received, one hundred and thirteen dollars “ and ninety-six cents, negotiable and payable at the Branch “Bank of the State of North Carolina, at this ¡hace.” Signed by the defendant. The note was endorsed to McGruder & Clark, and by them endorsed in blank. It was sent by McGruder & Clark to the bank for collection;…
1Opinion of the CourtPearsoN, J.
A promissory note is drawn four months after date “ payable at the branch of the bank of the State of North Carolina, at Elizabeth City.” To entitle the payee to recover of the maker, must he allege and prove that the note was presented for payment, at the hank in Elizabeth City, on the day it fell due ?
The point has never been decided by our Court, and it is now presented as an open question upon “ the reason of the thing” and the cases in the books.
A note, payable on a given day at the Cape Fear Bank, must be presented for páyment at the ba/nh on tbe day it falls due, in order to render the…
2Cases cited2 opinions
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