Morris v. Union Nat. Bank

Citations

• 13 S.D. 329
• 50 L.R.A. 182
• 83 N.W. 252
• 1900 S.D. LEXIS 135

Syllabus

<p>A note payable on Sunday was left at defendant’s bank, before maturity, for collection, with instructions to protest the same in case of nonpayment. The note was protested on the Thursday following its maturity, which, in an action on the note, was held to be too late to hold the endorser. Held, that the bank was bound to exercise a reasonable degree of skill, only, and the question of law involved being one of serious doubt and difficulty, owing to the condition of the statutes relating to holidays and days of grace, the bank was not liable to the holder of the note for 'the damages sustained by reason of the release of the indorser.</p>