demand

A claim; a legal obligation. Demand is a word of art of an extent greater in its signification than any other word except "claim." Co. Litt. 291; 2 Hill (N. Y.) 220; 9 Serg. & R. (Pa.) 124; 6 Watts & S. (Pa.) 226. In Practice. A requisition or request to do a particular thing specified under a claim of right on the part of the person requesting.

A claim; a legal obligation. Demand is a term of art of an extent er in its signification than any other word except claim. Co. Lift. 291; In re Denny, 1! Hill (N. I.) 220; Scott v..Morris, 9 S. & R. (Pa.) 124; Murphy's Appeal, 0 W. & S. (Pa.) 226. A release of all demands is, in general, a release of all covenants, real or pen conditions, whether broken or not, annuities, recognizances, obligations, contracts, and the like; In re Denny, •_' Hill (N. Y.t 220; but does not discharge rent before it is due, if it be a rent incident to trie reversion; for the rent was not only not due, but the consideration — the future enjoyment of the lands — for which the rent was to be given was not executed; l Lev. 99; Baa Ahr. Release, I. See 10 Co. 128; Bordman v. I >-born, L>:? Pick. (Mass.) 295; Martin v. Martin, 7 Md. 375, 63 Am. Dec. 364; Favors v. Johnson. 79 Qa. 555, 4 S. E3. 925. In Practice. A requisition or request to do a particular thing specified under a claim of right on the part of the person requesting. Jn causes of action arising ex contractu It is frequently necessary, to enable plaintiff to bring an action, that be should make a demand upon the party bound to perform the contract or discbarge the obligation. Thus, where property Is sold to be paid for on delivery, a demand must be made I bringing an action for non-delivery, and prov- 512; but not if the seller has incapacitated himself from delivering; 5 B. & Aid. 712; Wilmouth v. Patton, 2 Bibb (Ky.) 280; Bobbins v. Luce, 4 Mass. 474; and this rule and exception apply to contracts for marriage; 2 Dowl. & R. 55; 1 Chit Pr. 57, note (n), 438, note (e). Nor is a demand necessary where it is to be presumed that it would have been unavailing; Davenport v. Ladd, 38 Minn. 545, 38 N. W. 622; Bogle v. Gordon, 39 Kan. 31, 17 Pac. 857. Where a selling price has been agreed on, the bringing of a suit therefor is a sufficient demand for the money claimed; Maguire v. Durant, 1 Misc. 509, 20 N. Y. Supp. 617. A demand of rent is necessary before re-entry for nonpayment; Parks v. Hays, 92 Tenn. 161, 22 S. W. 3. But where rent is payable on the first day of the month, no demand of the rent on the day it falls due is necessary to entitle the landlord to maintain an action therefor; Clarke v. Charter, 128 Mass. 483. See Re-entkt. No demand is in general necessary on a promissory note before bringing an action; but after a tender demand must be made of the snm tendered; 1 Campb. 181, 474; 1 Stark. 323. A note payable "on call" may be sued on without demand; Mobile Sav. Bank v. Mc Donnell, 83 Ala. 595, 4 South. 346; but a demand and notice of non-payment are essential to fix the liability of endorsers unless waived; Presbrey v. Thomas, 1 App. D. C. 171. Where a mortgagor has resolved to default on an interest coupon and provides no funds to pay it, the holder is not required to present it for payment before bringing suit; Conshohocken Tube Co. v. Equipment Co., 161 Pa. 391, 28 Atl. 1119. Cases in which a demand was held necessary before action were suits upon a partnership; Codman v. Rogers, 10 Pick. 112; moneys received but not accounted for by an attorney to his client; Sheaf v. Dodge, 161 Ind. 270, 68 N. E. 292; Banner v. D'Auby, 34 Misc. 525, 69 N. Y. Supp. 891; Madden v. Watts, 59 S. C. 81, 37 S. E. 209; Taylor v. Bates, 5 Cow. (N. Y.) 376; Sneed v. Hanley, Hemp. 659, Fed. Cas. No. 13,136; moneys received by a corporation officer not accounted for; Landis v. Saxton, 105 Mo. 486, 16 S. W. 912, 24 Am. St. Rep. 403; claim of reinstatement in a body from which one was illegally expelled; Meherin v. Produce Exchange, 117 Cal. 215, 48 Pac. 1074; money realized by a sheriff on execution but not paid over; Keithler v. Foster, 22 Ohio St. 27; a certificate of deposit issued by a bank which by its terms was payable on its return properly endorsed; Elliott v. Bank, 128 la. 275, 103 N. W. 777, 1 L. R. A. (N. S.) 1130, 111 Am. St. Rep. 19S; Hillsinger v. Bank, 108 Ga. 357, 33 S. E. 985, 75 Am. St. Rep. 42; but in another case it was held that action would lie without demand on (N. S.) 1130, n. A demand is also required before action to recover a deposit in a bank; Johnson v. Bank, 1 Harring. (Del.) 117; Sickles v. Herold, 149 N. Y. 332, 43 N. E. 852; Tobias v. Morris, 126 Ala. 535, 28 South. 517. A demand is not necessary before suit for rent, whether payable in money in advance; Clarke v. Charter, 128 Mass. 483; or in labor or property payable at a fixed time and place; Packer v. Cockayne, 3 G. Greene (la.) Ill; and in a suit for rent the demand need not be proved even where pleaded; Gruhn v. Gudebrod Bros. Co., 21 Misc. 528, 47 N. Y. Supp. 714; for articles charged on land devised to and accepted by residuary devisee; WTiggin v. Wiggin, 43 N. H. 561, 80 Am. Dec. 192; for boarding a man under a contract; Chappell v. Woods, 9 Wash. 134, 37 Pac. 286; for fees of an attorney; Foster v. Newbrough, 66 Barb. (N. Y.) 645; Gibbs v. Davis, 11 Or. 2S8, 3 Pac. 677; but in New Jersey the rendering of an account is a condition precedent to a suit; Truitt v. Darnell, 65 N. J. Eq. 221, 55 Atl. 692. In cases arising ex delicto, a demand is frequently necessary. Thus, when the wife, apprentice, or servant of one person has been harbored by another, the proper course is to make a demand of restoration before an action brought, in order to constitute the party a wilful wrong-doer unless the plaintiff can prove an original illegal enticing away; 2 Lev. 63; 5 East 39; 4 J. B. Moo. 12. So, too, in cases where the taking of goods is lawful but their subsequent detention becomes illegal, it is absolutely necessary, in order to secure sufficient evidence of a conversion on the trial, to give a formal notice of the owner's right to the property and possession, and to make a formal demand in writing of the delivery of such possession to the owner. See Trover; Conversion. And when a nuisance has been erected or continued by a man on his own land, it is advisable, particularly in the case of a private nuisance, to give tbe party notice, and request him to remove it, either before an entry is made for the purpose of abating it or an action is commenced against the wrongdoer; and a demand is always indispensable in cases of a continuance of a nuisance originally created by another person; 2 B. & C. 302; Cro. Jac. 555; Poll. Torts 314; 5 Co. 100; 5 Viner, Abr. 506; 1 Ayliffe, Pand. 497; Bac. Abr. Rent, I. In cases of contempts, as where an order to pay money or to do any other thing, has been made a rule of court, a demand for the payment of the money or performance of the thing must be made before an attachment will be issued for a contempt; 1 Cr. M. & R. 88, 459; 4 Tyrwh. 369; 2 Scott 193. Demand should be made by the party having the right, or his authorized agent; 2 B. 17,201; Clough v. Unity, 18 N. H. 75; Sebrell v. Couch, 55 Ind. 122; of the person in default, in cases of torts; 8 B. & C. 528; Shotwell v. Few, 7 Johns. (N. Y.) 302; Bridgeport Bank v. R. Co., 30 Conn. 237; in ca rent; 2 Washb. R. P. 321 and at a proper time and place in case of rents; Jackson v. Klpp, 3 Wend. (N. Y.) 230; Jackson v. Ilarri- Bon, 17 Johns. (N. Y.) GG; Mc Murphy v. Minot, 4 X. H. 251; Mackubin v. Whetcroft,' 4 I lair. & McH. (Mil.) L35; Bradstreet v. Clark, 21 Pick. (Mass.) 389; Pay v. shanks, 56 I ml. 554; in cases of notes and hills of exchange; Pars. Notes & B. As to the allegation of a demand in a declaration, see 1 Chit PI. 322; -' id. 84; 1 Wins. Baund. 33, note 2; Bunn v. Lett, G5 Hun 43, id x. Y. Supp. 72S; Com. Dig. Pleader.

n. A claim; the assertion of a legal right: a legal obligation asserted in the courts. "Demand" is a word of art of an extent greater in its signification than any other word except "claim." Ch Litt 291; In re Denny, 2 Hill (N. Y.) 220. Demand embraces all sorts of actions, rights, and titles, conditions before or after breach, executions, appeals, rents of nil kinds, covenants, annuities, contracts, recognizances, statutes, commons, etc. A release of all demands to date bars an action for damages accruing after the date from a nuisance previously erected. Ved-der v. Vedder, 1 Denio (N. Y.) 257. Demand is more comprehensive in import than "debt" or "duty." Sands v. Codwise, 4 Johns. (N. Y.) 536, 4 Am. Dec. 305. Demand, or claim, is properly used in reference to a cause of action. Saddlesvene v. Arms, 32 How. Prae. (N. Y.) 280. An imperative request preferred by one person to another, under a claim of right, requiring the latter to do or yield something or to abstain from some act.

— Demand in reconvention. A demand which the defendant institutes in consequence of that which the plaintiff has brought against him. Used in Louisiana. Equivalent to a "counterclaim" elsewhere. McLeod v. Bert-schey, 33 Wis. 177, 14 Am. Rep. 755.

— Legal demand. A demand properly made, as to form, time, and place, by a person lawfully authorized. Foss v. Norris, 70 Me. 118.

— Personal demand. A demand for payment of a bill or note, made upon the drawer, acceptor, or maker, in person. See 1 Daniel, Neg. Inst. § 589.

To make a request under claim ofspecified thing; to summon; to call in court.

ov.

In practice. To claim as one’s due; to require; to ask relief. To summon; to call in court. “Although solemnly demanded, comes not, but makes default.”

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.

[L. Fr. demande, demaunde; L. Lat. demanda, demandum; Lat. petitio, postulatio, postulatum.] A calling for a thing due or claimed to be due. Jacob. A claim. Co. Litt. 291 b. A thing or amount claimed to be due. Demand, according to Lord Coke, is one of the most comprehensive terms in the law. Co. Litt. 291 b. Beardsley, J., 1 Denio's R. 257, 261. See Demandum. It is of much broader import than debt, and embraces rights of action belonging to the debtor beyond those which may appropriately be called debts. Nelson, C. J., 2 Hill's (N. Y.) R. 220, 223. A release of all manner of demands is the best release that a man can have, and shall enure most to his advantage. Litt. sect. 508. Termes de la ley. See 8 Co. 153; Altham's case.

contracts. Aclaim; a legal obligation. Lord Coke says that demand is a word of art, and of an extent, in its signification, greater than any other word except claim. Hence a release of all demands is, in general, a release of all covenants, real and personal, conditions, whether broken or not, annuities, recognizances, obligations, contracts, and the like. 3 Tho. Co. Litt. 427; 3 Penna. R. 120. Buta release of all demands does not discharge rent incident to the reversion; for the rent was not only not due, but the consideration—the future enjoyment of the lands—for which the rent wag to be given, was not executed. 1 Sid. 141; 1 Lev. 99; 8 Lev. 274.