Tredick v. Wendell

Superior Court of New Hampshire

Tredick v. Wendell

1 N.H. 80

CourtSuperior Court of New Hampshire

DecidedSeptember 15, 1817

StatusPublished

Cited by3 cases

This text of 1 N.H. 80 (Tredick v. Wendell) is published on Counsel Stack Legal Research, covering Superior Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tredick v. Wendell, 1 N.H. 80 (N.H. Super. Ct. 1817).

Pincite

Opinion

Per miriam.

The general rule undoubtedly is, that when a demand is made of the maker, the note itself should bé presented, in order that it may be delivered to him upon its being paid; but we think the facts in this case shew a sufficient compliance on the part of the plaintiff with the spirit of the rule. The note was in a bank within a few rods of the maker’s house, and he was informed where the note was, and requested to pay it. This was, in our .opinion, giving him a sufficient opportunity to pay the note and take it up, had he been disposed to do it.

Judgment on the verdict.

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Per miriam.

The general rule undoubtedly is, that when a demand is made of the maker, the note itself should bé presented, in order that it may be delivered to him upon its being paid; but we think the facts in this case shew a sufficient compliance on the part of the plaintiff with the spirit of the rule. The note was in a bank within a few rods of the maker’s house, and he was informed where the note was, and requested to pay it. This was, in our .opinion, giving him a sufficient opportunity to pay the note and take it up, had he been disposed to do it.

Judgment on the verdict.

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Bluebook (online)

1 N.H. 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tredick-v-wendell-nhsuperct-1817.

Opinion

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