Bryant v. Coley

Tennessee Supreme Court
Bryant v. Coley, 1 Shan. Cas. 609 (Tenn. 1876)
Freeman

Bryant v. Coley

Opinion of the Court

Freeman, J.,

delivered the opinion of the court.

Bryant indorsed a note after due to Coley. Coley sues him as indorser, and claims that he made demand of payment in a reasonable time after such indorsement, and on failure of payment gave notice to Bryant on- the same or the next day.'

There is conflict in the testimony on this question, but the jury have belieA^ed the plaintiff, and Ave see no cause to disturb their A'-erdict.

The charge of the court is correct, and in accord Avith the case of Union Bank a\ Fzell, 10 ITum., 386, as to what Avas a reasonable time in which to make demand of the makers of the note.

The affidavit tendered on motion for a new trial was not sufficient, as it aatis merely cumulative testimony proposed, and besides no affidavit of any one of the-Avitnesses referred to, showing that such proof could be made by them. On the whole the case Avas properly decided, and Ave affirm the judgment.

Reference

Full Case Name
ZACK BRYANT v. W. H. COLEY
Status
Published