Salt Springs National Bank v. . Burton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon, the decision of the court upon trial at Circuit without a jury. This action was brought upon a promissory note made by ■defendant Phelan and indorsed by defendant Burton, who alone defended. The note was made payable at the First National Bank of Waterloo.
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Appeal from judgment of the General Term of the Supreme ■Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon, the decision of the court upon trial at Circuit without a jury. This action was brought upon a promissory note made by ■defendant Phelan and indorsed by defendant Burton, who alone defended. The note was made payable at the First National Bank of Waterloo. The court found the following facts, among others : That' it was the ordinary custom of said bank to commence its business at nine o’clock in the forenoon of the day and to close the same…
1Opinion of the CourtRapallo, J.
When a note is made payable at a bank the general rule is that in order to charge the indorser the note should be presented for payment at the bank during its customary business hours, for if the holder goes to the bank after those hours and finds it closed or no one there authorized to answer to the demand, he can make no valid demand, and the indorser will be discharged. (Parker v. Gordon,. 7 East, 385; Byles on Bills, 205, 206.) In other cases the holder has the whole day to present the bill or note, the only limitation being that he must present it at a reasonable hour, and this may…
2Cases cited3 opinions
- Wolcott v. Van SantvoordNew York Supreme Court · 1819
- Caldwell v. CassidyNew York Supreme Court · 1828
- Bank of Syracuse v. . HollisterNew York Court of Appeals · 1858
3Cited by5 opinions
- Clough v. HoldenSupreme Court of Missouri · 1893
- German-American Bank v. Milliman, New York County Courts1900
- Adams v. RutherfordOregon Supreme Court · 1885
- Citizens' Central National Bank v. New Amsterdam National BankNew York Supreme Court · 1908
- Clough v. HoldenSupreme Court of Missouri · 1893