The consideration as to the proper time in which to make a demand involves two branches: first, the proper hour at which to make a demand; and second, the proper day on which to make a demand.

11 Carmichael v. Pennsylvania Bank, 4 How. (Miss.) 567.

12 Gilbert v. Dennis, 3 Met. 495; Waring v. Betts, 90 Va. 46; Legg v. Vinal, 165 Mass. 555; Merchants' Bank v. Spicer, 6 Wend. 443.

13 See Parker v. Stroud, 98 N. Y. 379; Stuckert v. Anderson, 3 Whart. 116; Barnes v. Vaughan, 6R.L 259; Halls v. Howells, Harp. 426. But in two jurisdictions the sending of a notice by a bank by mail that the paper is at the bank and must be paid is a good demand by custom. Grand Bank v. Blanchard, 23 Pick. 306; State Bank v. Smith, 18 Me. 99. And see Farmers' Bank v. Duvall, 7 Gill & J. 78, and cases above in this note, and Tredick v. Wendell, 1 N. H 80. See also Sec. 261, post

14Farwell v. Curtis, 7 Biss. 160.

But the maker may agree upon a place at which to leave notice of maturity, and it binds the indorser. State Bank v. Hurd, 12 Mass. 172. Whatever demand is obligatory on the maker is sufficient as to the indorser. Bank of Portland v. Brown, 22 Me. 295.

15 This is, perhaps, the real reason of the rule.

16 Langenburger v. Kroeger, 48 Cal. 147.

17 Thus presentation for allowance as a claim against the estate of a deceased maker is not sufficient (Chase v. Evoy, 49 Cal. 467); or to ascertain genuineness, or for the purpose of identification, or to learn whether funds to meet it, not sufficient. Simpson v. Pacific Ins. Co., 44 Cal. 139.

The proper hour for a demand involves the consideration of whether the demand is made at the place of business of a person or corporation, or whether the demand is made at the residence of the person upon whom the demand is being made. The place of making the demand depends upon questions which will be discussed under that head. Assuming that a demand is being properly made at a business house, office or room, the general rule is that the demand must be made during business hours.1 What are business hours must be determined by the customs and methods of doing business in the particular place.2 A number of instances will be found in the note below.3 But one peculiar difficulty is to be noted, and that is the case of a bank at which a note is made payable. The demand should be made there on the day of maturity, as will in the succeeding sections be explained. Now some cases hold that the drawee or maker has the whole of the banking hours of the day of maturity in which to pay,4 i. e., the last day of grace, if grace is allowed upon the paper, and that a demand made before the close of banking hours upon that day is premature.5 Yet other cases hold that the demand must be made at the bank on the last day and during business hours.6 It is apparent that no human being can fulfill both requirements unless he can make a demand at the instant of the bank's closings but the courts are not really so unreasonable as the above statements would indicate. In those states where the maker or drawee has the whole of the banking hours of the day of maturity in which to pay the paper, the rule is that demand can be made after the close of business hours if there is any one in the bank to make answer, such as the officers of the bank,7 or a toller,8 or cashier,9 and this is the rule everywhere. Those states which hold that the demand must be made during business hours at the bank permit it to be made upon paper payable at the bank at any time during these business hours.10 They hold that the maker or drawee must have made provision to pay there at the beginning of business hours, and if a demand is made and a refusal to pay at any time during business hours of the day it is a refusal to pay, even though the maker or drawee did afterwards during the day offer to deposit funds to pay the paper.11 These courts also permit a demand to be made after business hours, provided there be any one in the bank competent to make reply to the demand.12 But it should be remembered that the question of whether the demand is made in business hours is of importance only where personal demand is not obtained.13 If the demand be made personally upon the maker or drawee in his business house, it is of no importance that it is out of business hours,14 provided it be at some reasonable hour. But where the demand is made upon some one in the office or business house in the absence of the person to be charged, or is made by finding no one there, where that is permissible, the demand should be properly made in business hours,15 for the very apparent reason that it is only during business hours that either the proprietor or his clerks can be expected to be there, or that any one there can be assumed to have any authority to represent the business of the proprietor.

1 Ashton v. Dull, 31 Leg. Int. 61; McFarland v. Pico, 8 CaL 626; Clough v. Holden, 115 Mo. 336; Strong v. King, 33 111. 9.

2 Estes v. Tower, 102 Mass. 65; McFarland v. Pico, 8 CaL 626.

3Triggs v. Newnham, 1 C. & P. 631 (at eight in evening); Morgan v. Davidson, 1 Stark. 92 (six or seven in evening); Clough v. Holden, 115 Mo. 336 (at 5:20 in evening), semble; Lunt v. Adams, 17 Me. 230 (at eight in the morning). At a bank the demand should be during banking hours. Cayuga Co. Bank v. Hunt,

2 Hill, 635.

4 Church v. Clark, 21 Pick. 310; Harrison v. Crowder, 6 Smedes & M. 464 (custom); Planters' Bank v. Markham, 5 How. (Miss.) 397.

5 See cases last cited.

6 Swan v. Hodges, 8 Head, 251; India Rubber Mfg. Co. v. Bishop,

3 E. D. Smith, 148

7 Shepherd v. Chamberlin, 8 Gray, 225; Cohea v. Hunt, 2 Smedes & M. 227; Barbarous v. Waters, 3 Met. (Ky.) 304; Flint v. Rogers, 15 Me. 67; Allen v. Avery, 47 Me. 287; Moore v. Britton, 22 La. Ann. 64; Reed v. Wilson, 41 N. J. Law, 29; Fox v. Newell, 8 W. L. J. 421.

8 Commercial Bank v. Hamer, 7 How. (Miss.) 448; Bank of Utica v. Smith, 18 Johns. 230.

9 See Lafayette Bank v. McLaughlin, 4 W. L J. 70; Salt Springs Nat. Bank v. Burton, 58 N. Y. 430.

10 Salt Springs Nat. Bank v. Burton, 58 N. Y. 430; Thorp v. Peck, 28 Vt 127. The same rule applies to paper made payable at any place of business. Presentment for payment may be made at any business hour of the day of maturity.

11 Moore v. Britton, 22 La. Ann. 64 While this case may seem to be wrong at first sight, yet if the rule is admitted that a good demand can be made after banking hours, it follows as a matter of ne-cessity that a man must leave his deposit after business hours. But Salt Springs Nat. Bank v. Burton, 58 N. Y. 430, has a dictum to the contrary. The court intimates that the deposit need be left only until the close of banking hours; but that statement is, like most dicta, rash and badly considered. Etheridge v. Ladd, 44 Barb. 69 (a store fixed as a place of payment).

12 See the cases in notes 7, 8, 9, supra.

13 See cases in note 3, supra.

Now, in the case where demand can be made at a dwelling-house or domicile, the case as to the hour may vary, owing to the fact of the drawee's or maker's presence there. If the maker or drawee is himself served there, it makes little difference what the hour may be, provided it is reasonable;16 but if the drawee or maker be not personally served, either because he is not there or because no one appears, it should appear that the demand was at some reasonable hour. But if some one appears competent to receive the demand, the hour of the demand, if it be after the usual hour of arising and be before the hour of retiring, can cut but little figure.17 If no one appears, the hour of the demand should appear to have been a reasonable one.18 The reason for the above rules is that the drawee or maker may have made provision to pay the note or bill at his office, or, even though he be away from home, may have left proper directions with some one at his residence. The remaining questions, concerned with the time of presentment for a demand, will be discussed in the following sections.

14 Ashton v. Dull, 31 Leg. Int. 61. The fact that the person was in his place of business would seem conclusive evidence as to the reasonableness of the hour.

15 See cases in note 1, supra.

16 Cayuga Co. Bank v. Hunt, 2 Hill, 635. But 12 o'clock at night, when the party to be charged was aroused from his bed, was held unreasonable. Dana v. Sawyer, 22 Me. 244 See Farnsworth v. Allen, 4 Gray, 453; Skelton v. Dustin, 92 I11.94.

17 See the cases in the preceding note.

18 This service of demand at the residence, where it is proper, is the equivalent of personal service. If the house is deserted, the inference is that the person was away from home with his family. If there is some one there who receives the demand, the service is as good as if made upon the person himself. See Sec. 259, post, as to place of demand.