592

Case No. 9,016.

MANDEVILLE v. RUMNEY.

[3 Cranch, C. C. 424.]1

Circuit Court, District of Columbia.

April Term, 1829.

NOTES—DAYS OF GRACE—PROTEST—SUIT BROUGHT.

If Sunday be the last day of grace, the demand, protest, and notice may be on Saturday, and if the protest be after bank hours on Saturday, the suit may be brought the same evening.

Debt, against the maker of a promissory note. Sunday was the third day of grace, payment was demanded, and the note protested on Saturday after bank hours. The suit was brought the same evening, after protest.

Verdict for the plaintiff, subject to the opinion of the court whether the suit was not brought too soon.

THE COURT (MORSELL, Circuit Judge, doubting), was of opinion, that it was not. See Story, Chit. Bills, and the cases cited there in the notes.

THE COURT was of the same opinion, in the action of the same plaintiff against Runels, the indorser of the same note.

1 [Reported by Hon. William Cranch, Chief Judge.]

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