18 Ga. App. 558 | Ga. Ct. App. | 1916
While we have been unable to find any precise ruling from our Supreme Court or this court to the effect that an action may be brought on a note payable at a bank at any time after banking hours on the day of maturity, even without demand, the right to bring such an action upon such a note on the day of its maturity, where there was a demand and refusal on that day, is apparently recognized in Blitch v. Brewer, supra. “As a general rule a suit brought on a promissory note on the day it falls due is premature, inasmuch as the maker has all of that day in which to pay it, but many cases hold that an action brought on the day the note falls due, after the same has been dishonored by the maker thereof failing to pay, . . is not premature.” 3 R. C. L. § 567, p. 1335.
Accepting as correct the doctrine laid down in Baefle v. Moore, supra, as qualified by the rule plainly indicated in Blitch v. Brewer, supra, and supported by numerous authorities cited above, since it clearly appears, from the testimony, that there was a demand for payment and a refusal to pay the note sued upon on the day of its maturity, and also that the note was payable at a bank, and was not actually paid on or before expiration of business or banking hours on the day the note matured, the action, which was brought at 8 o’clock p. m. on the day of the maturity of the note, was not premature; for not only would it have been impossible at that hour, unless by extraordinary efforts outside of the usual course of business, for the maker to pay the note at the bank where by its terms it was payable, but the refusal of the maker to pay it on the
Judgment affirmed on main bill of exceptionsj c7'oss-bill reversed.