John Marshall,
The President and Directors of the Bank of Washington v…
“ Had the Bank taken no step whatever to obtain an acceptance, no violation of duty would, according to these decisions, have been committed.-Can any unsuccessful attempt to do that which the law does not require, place the agent in the same situation that he would have stood in, had the drawee been found, and had positively refused acceptance? Absence from home, with a failure to make provision for payment when a bill becomes due, is a failure to pay; but absence from home when the holder of a bill or his agent offers it for acceptance, is in no respect culpable. ”
