UNITED STATES SUPREME COURT DECISIONS ON-LINE

By the custom of the banks in the District of Columbia, payment of a promissory note is to be demanded on the fourth day after the time limited for the payment thereof in order to charge the endorser, contrary to the general law merchant, which requires a demand on the third day.

The general rule of law is to demand payment on the third day of grace, but it may be varied by evidence of a different usage.

Evidence of such a local custom is admissible in order to ascertain the understanding of the parties with respect to their contracts made with reference to it.

Case in which evidence of commercial usage is admissible in order to ascertain the meaning of contracts.

The declaration against the endorser in such a case must lay the demand on the fourth, and not on the third, day.

Quaere whether a declaration in such a case not averring the local usage would he good upon demurrer?

Secondary evidence of the contents of written instruments is admissible, wherever it appears that the original is destroyed or lost by accident without any fault of the party.

In the case of a lost note, it is not necessary that its contents should be proved by a notarial copy. All that is required is that it should be the best evidence the party has it in his power to produce.

To admit secondary evidence of a lost note, it is not necessary that there should be a special count in the declaration upon a lost note. clubjuris

Page 22 U. S. 582