Aspinall v. Viney

Citations

• 206 Pa. 383
• 55 A. 1038
• 1903 Pa. LEXIS 726

Syllabus

<p>Bill of exchange — Presentation — Delay — Negligence— Acceptance of notes — Lunacy.</p> <p>In an action against the administrator of the drawer of an order, it appeared that the plaintiff did not present the order to the drawees for some weeks, and that when he did so the drawees accepted it, but provided that it should not be paid until after the completion of a certain contract. The drawer wrote to the plaintiff suggesting that he should take notes from the drawee instead of relying upon the acceptance of the order. The plaintiff took the notes, which were never paid. There was evidence that the drawees were in failing circumstances during the whole course of the transaction, but the evidence was not definite as to whether the plaintiff knew this. There was also evidence that the drawer was insane at the time he wrote the letter to the plaintiff, but there was no evidence that plaintiff knew this. The court charged that plaintiff was bound to present the order “in what a prudent business man of reasonable intelligence would say was a reasonable time,” and left the question of reasonable time to the jury. Held, that the instruction was proper.</p>