Mr. Justice LIVINGSTON delivered the opinion of the Court, and after stating the case, proceeded as follows:
Whether due diligence were used by the holder of the note, is immaterial now to inquire, as this Court is of the opinion, that a note payable any number of days after date, could not be applied to a count describing it as one payable on demand.
The only remaining question is, whether this note were sufficient proof of the count for money lent and advanced...
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