due diligence
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 64 U.S. 368 - William Wiseman v. Achille Chiappella · 1859Most cited · 14 citing opinions
the practice now, both in England and the United States, does not require more to be done, in the presentment of a bill of exchange to an acceptor for payment, than that the demand should be made of a merchant acceptor at his counting-room or place of business; and if that be closed, so in fact that a demand cannot be made, or that the acceptor is not to be found at his place of business, and has left no one there to pay it, that further inquiry for him is not necessary, and will be considered as due diligence
How often courts cite the cases defining “due diligence”
Court decisions citing the 2 opinions that defined “due diligence” — 39 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1828–1859
- ORIGINAL
It seems at this day to be well settled, that when the facts are ascertained and undisputed, what shall constitute due diligence is a question of law. This is certainly best calculated to have fixed on uniform rules on the subject, and is highly important for the safety of holders of commercial paper.
notice of dishonour, question of law