Toothaker v. Cornwall

Decided April 15, 1853

California Supreme Court · decided 1853-04-15

This action was brought by the plaintiff, who was the endorsee of a promissory note at Sacramento City, November 8th, 1850, made by Barton Lee, who thereby “ promised to pay, on the 1st day of July next, to the order of P. B. Cornwall, defendant, $500, with interest at the rate of one per cent, per month,” and which was endorsed to the plaintiff by the said P. B. Cornwall. The defence was want of notice of non-payment by the drawer.

Decided 1853-04-15

Heydenfeldt, Justice,

¶1delivered the opinion of the court. Wells, Justice, concurred.

¶2The act of 1851, which makes the fourth day of July a non-juridical day, by its terms confines its operation expressly to bills, checks, and notes, made after the passage of the act.

¶3In this case, the note in controversy was made before the passage of the act, and is not within its provision, consequently it fell due on the 1st, and was payable on the 4th day of July. It is not pretended by the plaintiff that notice of its nonpayment was given on the 4th or afterwards, and the notice on the 3d was premature and ineffectual.

¶4The judgment is reversed, and the case remanded.