Smith v. Aylesworth
New York Supreme Court
THIS action was tried by the court, without a jury, at the circuit in Monroe county, in February, 1863, and judgment was entered in favor of the plaintiff, for $213.08 damages and costs. The action is on a promissory note made "by the defendant, which by its terms matured on the 6th day of October, 1861. The 6th of October being Sunday, the note became due on the 5th. The note is payable at the Monroe County Bank, which closes each day at 3 o’clock p. m.
Read the full summary
THIS action was tried by the court, without a jury, at the circuit in Monroe county, in February, 1863, and judgment was entered in favor of the plaintiff, for $213.08 damages and costs. The action is on a promissory note made "by the defendant, which by its terms matured on the 6th day of October, 1861. The 6th of October being Sunday, the note became due on the 5th. The note is payable at the Monroe County Bank, which closes each day at 3 o’clock p. m. Payment was demanded and refused at 3 o’clock p. m. of the 5th of October, and on the same day this suit was commenced on the note. The…
1Opinion of the Court
By the Court, Johnson, J.
The action is brought by the payee, against the maker, of the note in question. Of course no demand was necessary in order to charge the defendant. The only question in the case is whether the action, having been commenced after banking hours at the bank where the note was payable, on the last day of grace, is not prematurely brought. This precise question was decided in Osborn v. Moncure, (3 Wend. 170,) upon full argument and mature deliberation. That case, like this, was an action between payee and makers, and the action was brought before three *112o’clock in the…
2Cases cited2 opinions
- Osborn v. MoncureNew York Supreme Court · 1829
- Bank of Syracuse v. . HollisterNew York Court of Appeals · 1858
3Cited by8 opinions
- Continental National Bank v. . TownsendNew York Court of Appeals · 1881
- Hall v. BrennanNew York Supreme Court · 1892
- Etheridge v. LaddNew York Supreme Court · 1885
- Sutcliffe v. HumphreysSupreme Court of New Jersey · 1895
- German-American Bank v. Milliman, New York County Courts1900
3 more not listed; retrieve them via the Exa API.