Joseph P. Bradley

“ We do not find occasion, however, to render a different decision from our former one. The only question which we have deemed it necessary to consider more fully, being more fully discussed by counsel than before, is whether the evidence adduced to show a presentment of the draft in question for payment was sufficient to be submitted to the jury. ”

“ Lake the official certificate of a notary that he had demanded payment of a foreign bill was held insufficient to prove that he had presented the bill itself to the drawees for payment, and the presumption that, as a public officer, he had done his duty, could not supply this omission. But, by the law-merchant, the certificate of protest is the proper evidence in such cases; and although a presentment may have been proved by oral testimony, there was no attempt to prove it in this way. ”

“ We do not deem it necessary, at this time, to go minutely into the question as to the exact day when the draft matured. If it was the general custom of the New Orleans banks to allow grace upon bills of exchange even when it was waived, as the testimony of Luria would seem to imply, it is possible that such a custom made it the duty of the bank to allow it in this case. We express no opinion on the subject. ”

“ The original action was brought by several joint plaintiffs, minors, and children of Samuel H. Pendleton, deceased, against the Knickerbocker Life Insurance Company, on a policy of insurance on the life of said Samuel, taken out by him for the benefit of his said children; and judgment was rendered for the plaintiffs, some of whom had, in the mean time, come of age. ”

“ It further appeared that on both occasions, when the bill was sent to the Louisiana bank for presentment, and when it was sent for payment, it was with instructions not to have it protested; which accounts for the fact of there having been no regular protest of the draft. Two letters of Moses Greenwood & Son to S. H. Pendleton were produced in evidence; one dated September 29, 1871, and the other November 4, 1871. In the first they say: 'Your draft for life policy (some $330) due fourteenth of next month, was presented this day for acceptance. ”