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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.

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.

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