Smith Thompson

“ Where the promise is to pay on demand at a particular place, there is no cause of action until the demand is made; and the maker of the note cannot discharge himself by an offer of payment, the note not being due until demanded. ”

“ Lord Ellenborough, in the course of the argument, in answer to some cases referred to by counsel, observed; those are cases where money is to be paid, or something to be done at a particular time as well as place, therefore the party (defendant) may readily make an averment, that he was ready at the time and place to pay, and that the other party was not ready to receive it; but here the time of payment depends entirely on the pleasure of the holder of the note. ”

“ It is of the utmost importance, that all rules relating to commercial law should be stable and uniform. They are adopted for practical purposes, to regulate the course of business in commercial transactions ”

“ At which time the defendant interposed a plea puis darien continuance, alleging that the plaintiff, as to the sum of four thousand two hundred and four dollars, part and parcel of the sum demanded in the declaration, ought not further to have and maintain his action therefor against him, because that sum had been attached by Blocker and Co., by proceedings commenced by them against the plaintiff in this cause, under the attachment law of Alabama, in which he was summoned as garnishee. ”

“ And setting out the proceedings against him according to the requirements of that law, and under which he was examined on oath; and did declare, that he executed the note to the said M'Connell, the plaintiff in this cause, as set out in the declaration ”