Legal Opinion

Bank of North America v. Pettit

Supreme Court of Pennsylvania

Decided April 15, 1793Published

Case -against the payee and indorser of a promissory note, made by George Henry, for $1100, payable in 45 days, and dated the 26th of March 1785. The defence was, that due notice had not been given of the maker’s non-payment of the note; and the following evidence was produced pro and con. the runner of the bank stated, that he believed he gave the maker notice when the note became due, as it was his custom to do ; that it was also his custom, at the expiration of the three…

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Case -against the payee and indorser of a promissory note, made by George Henry, for $1100, payable in 45 days, and dated the 26th of March 1785. The defence was, that due notice had not been given of the maker’s non-payment of the note; and the following evidence was produced pro and con. the runner of the bank stated, that he believed he gave the maker notice when the note became due, as it was his custom to do ; that it was also his custom, at the expiration of the three days’ grace, to give the indorser notice; and ho conceived, he must have called on the defendant on the evening of the…

1Opinion of the Court

By the Court.

— The defence is want of notice of the protest of the note in question, within a reasonable time. The law in England is very strict upon this subject. Before any tatutes existed there, to render promissory notes negotiable, such notes were often made ; but they were only regarded as evidence of a debt, and could not, as instruments, ae declared upon in an action at law, until the provision was made in the statutes of Wm. III. and Anne. It is not material, however, to review the history of this paper medium, either here or in England ; since it is clear, that in both countries, at…

2Cases cited3 opinions

  1. Smyth v. HawthornSupreme Court of Pennsylvania · 1832
  2. Rahm v. Philadelphia BankSupreme Court of Pennsylvania · 1829
  3. Steinmetz v. CurreySupreme Court of Pennsylvania · 1788

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