Reports And Dissertations in Two Parts With An Appendix Containing Forms of S
Reports And Dissertations in Two Parts With An Appendix Containing Forms of S
Vermont. Supreme Court
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The contrary has likewise been holden, which seems to be the most reasonable opin- ion. Bui. N. P. 271. 2 Wils. 262. Johnson vs. Kennion. On a bill of exchange. It is clearly for the advantage of the en- dorser, that any part of the money should be received. It is probable, that the circum- stance of giving farther time of payment, being generally connected with that of re- ceiving part of the money, gave rise to the former opinion. General endorsement to be taken according to the tenor of the ...note. If the endorsee have used due diligence to- demand the money of the maker, and the maker refuse, or neglect to pay, the endorsee has a right of action against the endorser. If a note, payable at a future day, be endorsed generally, it is an endorsement to pay accord- ing to the tenor of the note. No laches can be imputed to the endorsee, until the note become *payable. *192 Money appointed to be paid before the note is payable. Endorser holden to his time. If the endorser appoint the money to be paid at an earlier day, though the endorsee may safely wait till the note become payable, before he demand the money, yet he is not obliged to give this time to the endorser.
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