Thorpe v. J. & J. H. Peck & Co.
Supreme Court of Vermont
Assumpsit against the defendants as endorsers of a promissory note signed by II. W. Catlin. Plea, the general issue; trial by the court, March Term, 1855, — Pierpoint, J., presiding. The plaintiff introduced in evidence, and proved the execution by H. W. Catlin, and the endorsement by the defendants of the note described in his declaration.
Read the full summary
Assumpsit against the defendants as endorsers of a promissory note signed by II. W. Catlin. Plea, the general issue; trial by the court, March Term, 1855, — Pierpoint, J., presiding. The plaintiff introduced in evidence, and proved the execution by H. W. Catlin, and the endorsement by the defendants of the note described in his declaration. In order to charge the defendants as endorsers,. the plaintiff proved that on the ninth day of August, 1854, the note was presented for payment at the Commercial Bank in Burlington, during the usual business hours, and was not paid. The business hours of…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The presentment of this note for payment was made at the bank during its business hours, on the day it fell due, and was not paid. It does not appear at what time of that day the presentment was made, whether during the former or latter business hours of the bank; — neither do we regard it as in any way material. When a note is payable at a bank where its business is transacted during certain specified hours of the day, the note may be presented during any of those hours, and it is the duty of the maker to provide for its payment whenever the…
2Cases cited3 opinions
- Osborn v. MoncureNew York Supreme Court · 1829
- Chanoine v. FowlerNew York Supreme Court · 1829
- Flint v. RogersSupreme Judicial Court of Maine · 1838
3Cited by2 opinions
- Caine v. ForemanCalifornia Court of Appeal · 1930
- German-American Bank v. Milliman, New York County Courts1900