Ritchie, Osgood & Co. v. Bradshaw & Co.

Heydenfeldt, J., concurred.

In this cause, it appears that appellants had, on the 14th day of September, 1854, drawn their check in favor of respondents, upon the banking house of Carothers, Anderson & Co., for the sum of $698 35; and it further appears, that the same was left with the banking house of Page, Bacon & Co., for collection, and was not presented for payment until in the usual banking hours of the next day—Carothers, Anderson & Co. having, in the meantime, failed, the check was protested for non-payment. A reference of the cause having been had in the Court below, proof as to the customary time for the presentation of checks for payment was submitted before the referee. The proof of custom being contradictory as to the time a check should be presented for payment, when drawn upon a house in the same city in which the check was drawn, and where the payee resided. The referee found, *229 upon the question of diligence, that the plaintiff had conformed to custom in presenting the check for payment the day after it was drawn.

By the law merchant, I deem it would be sufficient if a check drawn upon one day be presented for payment, in usual banking hours, upon the next…