Bankruptcy

Neale v. Peyton

2 D.C. 3132 Cranch 313·United States Circuit Court of the District of Columbia·1822

(Thruston, J., absent,)

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Opinion

Neale v. Peyton. Demand of payment on the 5th of July, of a note due on the 1st-4th of July, is too late to charge the indorser, and the insolvency of the maker will not excuse the delay. Assumpsit against the indorser, of a promissory note. The note was put into the Bank of Potomac for collection, and fell due on the. 1st-4th of July. The note was not given out, and no demand of payment was made on the maker of the note until the 5th of July. The maker was insolvent. [MAJORITY — The Court] The Court (Thruston, J., absent,) said it was too late, and that the insolvency of the maker -did not excuse the delay.