Feder Silberberg Co. v. McNeil

Citations

• 18 N.M. 44
• 133 P. 975

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Proof that “demand was made by mail” implies a prepayment of postage and a deposit of the demand in a United States postoffice, but that the letter was properly addressed to the addressee at the place where he resides or receives his mail is not thereby implied, and proof of that fact must be had before the receipt of the letter by the addressee, will be inferred.</p> <p>P. 49</p> <p>2. Where a surety on a fidelity bond undertakes to respond upon condition that demand be first made upon the principal, such demand, is a part of tbe contract and must be alleged and proved.</p> <p>P. 52-</p>