Phœnix Insurance v. Gray

'Campbell J.:

This case was before us and decided upon points resembling those now under consideration in Phoenix Insurance Company v. Allen, 11 Mich. R., 501. It was there held that retaining a draft on Chicago which had been received upon a claim for twenty-one .days without taking any steps to collect or realize it, was, unless excused, an unreasonable delay whereby the holder must be deemed 'to have made it his own, and barred his remedy upon the claim itself.

The case now comes up on a state of facts introduced in evidence to account for the delay, and which as pre*193sentecl by the plaintiff…