Summary

Nathan Clifford Cox v. National Bank Clardy — Opinion of the Court

American authoritis almost universally hold that in such a case no presentment is necessary to charge the acceptor of the bill or the maker of the note,-the only effect of the neglect as to such a party being that it relieves him from cost and damages if he was ready at the time and place named to pay the amount and there was no one to receive it. Such readiness is equivalent to a tender, and an answer pleading that fact and payment of the money into court will be a bar to the recovery of interest and cost.
Source: Wikisource

Nathan Clifford Cox v. National Bank Clardy — Opinion of the Court

Diligence is doubtless required of the holder to ascertain the proper place to present the bill for payment; but it is not necessary to give that issue much consideration in this case, as it is not controverted that every needful effort in that regard was made, if the true theory of the bill is that it was payable in the city of New York, which is asserted by the plaintiff bank and denied by the defendants.
Source: Wikisource

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