Cyclopedia of Law volume 6

Cover Cyclopedia of Law volume 6
Cyclopedia of Law volume 6
Charles E Charles Erehart Chadman
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Upon the receipt of that letter and draft, the defendant might have insisted, if he had pleased, upon the performance of the strict terms of the condition, viz. , that some person should come and present it and give it up, upon payment; or he might consider the sending the draft with a blank indorsement as a presentation ; and having the draft itself so indorsed, he might intend to accept and pay it. If he intended to insist upon the original terms, he was bound to answer the let- ter of the 15...th of April in a reasonable time, to the end that the plaintiff', the holder of the bill, might take his further remedy, by complying literally with the condition originally proposed. He was requested to send the fifty-dollar bill by the mail in payment. He might have answered that he would do no such thing, but that if the holder would authorize any person to come to him and receive the money, he would pay it, and in the mean- time hold the draft, for the use of the holder. But he did not take such a course.

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