US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for


Subscribe to Cases that cite 115 U. S. 339 RSS feed for this section

U.S. Supreme Court

Knickerbocker Life Ins. Co. v. Pendleton, 115 U.S. 339 (1885)

Knickerbocker Life Insurance Company v. Pendleton

Argued October 22, 1885

Decided November 16, 1855

115 U.S. 339


After final judgment in this case at the last term reversing the judgment below (see 112 U. S. 112 U.S. 693), the Court discovered that the writ of error was sued out and citation directed and served against P. H. Pendleton, only one of the plaintiffs below, that the preliminary appeal bond was made to him alone, but that the supersedeas bond was executed to all the plaintiffs below, and that all subsequent proceedings were entitled in the name of P. A. Pendleton & als. After notice to plaintiff in error to show cause, the Court allowed the writ of error to be amended, set aside the judgment, ordered a new citation to be issued to all the plaintiffs below, and directed a reargument.

On the rehearing, the court adheres to the views expressed in the former opinion. chanroblesvirtualawlibrary

Page 115 U. S. 340

On an issue whether demand of payment of a draft had been waived by the payees in order that they might communicate with the drawer, evidence of the custom and usage of the bank holding it, if offered in support of evidence (not objected to) of the cashier of the bank of his conviction and belief (founded on such custom and usage) that the draft had been so presented comes within the rule which allows usage and the course of business to be shown for the purpose of raising a prima facie presumption of fact in aid of collateral testimony, and, taken together, they are sufficient to be presented to the jury.

The facts are stated in the opinion of the Court.

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™