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

Citations

• 5 Cal. 228
• 1855 Cal. LEXIS 88

Syllabus

<p>By the law merchant, it is sufficient if a check drawn upon one day, be presented for payment in the usual banking hours upon the next succeeding day, where the payee resides in the immediate vicinity of the place of payment, as in the same town or city.</p> <p>The payee of a check, in presenting it for payment, in order to hold the drawer, is bound to exercise reasonable diligence.</p> <p>The report of a referee upon conflicting testimony must be treated in the light of a verdict of a jury, and will not be disturbed in this Court upon an appeal from an order refusing to grant a new trial in the Court below.</p>