A Treatise On the Law of Promissory Notes And Bills of Exchange volume 1
A Treatise On the Law of Promissory Notes And Bills of Exchange volume 1
Theophilus Parsons
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Nick- erson, 13 Mass. 131. After referring to the analogy generally recognized in this respect between a note payable on demand and a bill payable at sight, so that, as in the latter case the holder must present his bill for acceptance within a reasonable time, in order to charge the drawer, so in the former, the indorsee must make demand of payment on the promisor within a reasonable time, in order to charge the indorser, the learned judge says : " And we are of opinion that this is the correc...t doctrine on the subject. For as, on the one hand, it can hardly be supposed that the indorser and indorsee, when they make their contract, contemplate a liability on the indorser, unless reasnnar ble pains should be taken to procure payment of the actual debtor ; so, on the otner, we do not think it enters into their calculations that, as between them, the note should be considered due when drawn iu such manner as to require, in all cases, a demand CH. VUI. ] BONA FIDE HOLDER OF NEGOTIABLE PAPEK.
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