Homes v. Smith

Decided June 15, 1841

Supreme Judicial Court of Maine · decided 1841-06-15

The suit was against the defendants as indorsers of a promissory note, given by William Smith to the defendants, or order, and by them indorsed, bearing date May 4, 1835, and payable in two years with interest annually. The note was left, before it became payable, at a bank in Bangor, where the defendants resided, for collection.

Cited by 1 later decisions — most recently June 1893

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1841-06-15

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¶1The opinion of the Court was by

Shepley J.

¶2It is provided by St. 1824, c. 272, that the maker of a promissory note payable at a future day, when it is discounted or left in a bank for collection, shall be entitled to a grace of thee days, unless the third day happens on the Lord’s day, or on a day of public fast or thanksgiving ; and in that case to a grace of two days only.

¶3The third day after this note, without grace, became due being the Lord’s day, the maker was entitled to a grace of two days only; and a presentment on the Lord’s day would be like one in other cases on the day after, the thee days of grace had elapsed, and it was too late.

¶4Nonsuit confirmed.