Simpson v. Pacific Mutual Life Insurance

Citations

• 44 Cal. 139
• 1872 Cal. LEXIS 167

Syllabus

<p>New Trial—Discretion of Court.—The Supreme Court will not disturb the ruling of tlie Court below in granting or refusing a new trial, on the ground of sufficiency or insufficiency of the evidence, except in case of a clear abuse of its discretion.</p> <p>Bank Check—Time of Presentation.—The holder of a bank check drawn upon a bank located in the same town or city in which the drawer resides, and delivered by him in the same place, is not bound to present it for payment on the day of its delivery by the drawer; but a demand of payment on the next day, within the usual banking hours, will be equally effectual for the purpose of fixing the liability of the drawer.</p> <p>Idem—Intent of Holder Implied.—The presenting of a check for payment implies that the holder of it desires and is ready and willing to accept payment.</p> <p>Effect of Tender of Payment.—If the holder of a bank check demand payment of it in due form, and within the proper time, and the bank, being ready and willing, oiler to pay the check, the holder is not at liberty afterwards to waive his demand, and decline to accept payment, without thereby releasing the drawer from further liability on the check.</p> <p>What is not Demand of Payment of Check.—If the holder of a bank cheek present it for the sole purpose of ascertaining whether the signature is genuine, or whether the drawer had funds to his credit, or merely to be identified as the person entitled to payment, and without intending to demand payment, it is not such a demand of payment as will release the drawer.</p>