Legal Opinion

Reeve v. Pack

Michigan Supreme Court

Decided January 12, 1859PublishedCited by 2 opinions

Error to St. Clair Circuit. The declaration was upon the common counts, with notice attached that, under the same, plaintiff would give in evidence, two certain promissory notes, both of which were payable at N. Reeve’s office in Detroit. On the trial, the notes being offered in evidence, defendants objected that evidence should be given that the notes had been presented for payment at the place specified, and payment demanded.

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Error to St. Clair Circuit. The declaration was upon the common counts, with notice attached that, under the same, plaintiff would give in evidence, two certain promissory notes, both of which were payable at N. Reeve’s office in Detroit. On the trial, the notes being offered in evidence, defendants objected that evidence should be given that the notes had been presented for payment at the place specified, and payment demanded. The court overruled the objection, and rendered judgment upon the notes. Defendants brought error.

1Opinion of the Court

Christiancy J.:

This case presents the single question, whether, as against the maker of a promissory note, payable at a particular place, the plaintiff is required to allege or prove presentment or de-. mand of payment at the place.

This question is answered in the negative by the almost uniform current of decisions in the several states of the Union where the question has arisen. The states of Indiana and Louisiana are believed to be the only exceptions. In the correctness of the rule thus established by the great majority of the American cases, we fully concur.

That the question has not…

2Cases cited1 opinion

  1. Wallace v. McConnellSupreme Court of the United States · 1839

3Cited by2 opinions

  1. Greeley v. WhiteheadSupreme Court of Florida · 1895
  2. Barrie v. McDenegleCircuit Court of the 10th Circuit of Michigan · 1869

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