Demand

1.

Any account upon which money or other thing is, or is claimed to be, due.i A claim; a legal obligation." The most comprehensive word in law, except claim. A release of demands discharges all sorts of actions, rights, titles, conditions before or after breach, executions, appeals, rents, covenants, annuities, contracts, recognizances, etc.' Includes, also, a cause of action,* and a judgment.^ Is more comprehensive than "debt" or *' duty." * The meaning may be restricted, as, to debt upon contract.^ Demandant. One who demands a thing as due; specifically, the plaintiff in a real action, as, partition. Cross-demand; counter-demand. A demand set up as against another demand on which claim is or can be made; a setoff, q.

V. 2.

A request, made under claim of right, to do some specified thing. Required, in some cases, to fasten willfulness upon a person who refuses to perform a duty. Thus it is made: for payment of rent, before re-entry; under a contract for marriage, before action can be brought for breach of promise; in cases of illegal harboring of servants, and of illegal detention of personalty; in cases of refusal to obey orders of court; in other matters of contract and of tort."* Demand and refusal are never necessary, except as furnishing evidence of an unlawful taking or detention against the rights of the true owner, in an action of replevin, or of an unlawful conversion in an action of trover. When the circumstances, without these, are suf&cientto prove such taking or detention, a demand and a refusal are superfluous.' On demand. In a note, does not make •the demand a condition precedent to a right •of action; imports that the debt is due and demandable immediately, or at least that the commencement of a suit therefor is a sufficient demand. 1" When the promise is not to pay the note at a particular place demand must be made upon the maker » Stringham v. Supervisors, 24 Wis^ 600 (1869), Dixon, Chief Justice. ■^ Hollen V. Davis, 59 Iowa, 447 (1888): Code, § 3591. ■s Coke, Eitt. 291 6; 8 Eep. 299; 1 Denio, 261; 6 W. & S. 226. * Saddlesvene v. Arms, 32 How. Pr. 285 (1866).

0 Henry v. Henry, 11 Ind. 23" (1858). ■Sands v. Codwise, 4 Johns. *558 (1808); Re Denny, &C. Co., 2 HUl, 283 (1842). ' HeacockT).

Sherman, 14 Wend. 59 (1835). s See 1 Bouvier, 504, cases. » Edmunds v. Hill, 133 Mass. 446 (1882). i» Young U.Weston, 39 Me. 494 (1855) cases; Byles, personally, at his place of business or at his residence, or sufficient excuse for not making demand must be shown. Reasonable diligence must be used to find the maker, his residence and place of business.' A note payable " on demand after date " is not a note "payable on time," within the meaning of the Massachusetts statute of 1874, c.

404. » See Claim; Indorsement; Payment; Request; Stale.