case POPLEY against ashley a draft on a three person give by a vendee to a  vendor in payment will not discharge the debt if the drawee be not to be find  and the holder use due but ineffectual diligence to get it pay S c holt the  defendant be a captain of a ship take several good for the use of the ship  from the plaintiff who send his servant with a bill to he for his motley the  defendant order the servant to write he a receipt for the money which he do  and modern er p thereupon he give he a note upon a three person Payable in two  month the master send several time to the three person to present he the note  but can not get sight of he within the time at which the money be Payable the  party break this action be now bring for the money against the captain and all  this appear on evidence and that the captain go to sea next day after be give  the note holt chief justice direct for the plaintiff and he say that if a man  give a note upon a three person in payment and the other take it absolute as  paymentSee clarke v mundal salk salk a yet if the drawer know the three person  to be break or in a fail condition and the receiver of the note use all  reasonable diligence to get payment but can this be a fraud and therefore no  payment and here be no laches in the plaintiff for the party fail before the  money be Payable and the captain be go to sea so he can not bring he back to  he to give he notice but if a man modern take a note and after it be Payable  make no demand and that he may be pay if he have be diligent enough there if  the party on who the note be fail it be at his peril that take the note by and  Ann c S if any person accept a bill of exchange for and in satisfaction of any  former debt or sum of money former due to he this shall be account and esteem  a full and complete payment of such debt if such person accept of any such  bill for his debt do not take his due course to obtain payment of it by  endeavour to get the same accept and pay c the due course be to demand payment  at the time the bill become due or to give notice within a reasonable time to  the party to who he mean to resort for payment of its not be pay what shall be  a reasonable time be former consider as a matter of fact for the opinion of  the jury under all the circumstance of each case hankey v Trottman black Rep  but it be at length settle that this be a question of law for the decision of  the court Tindal v brown term Rep and as to what have be consider reasonable  time upon this subject see tassel v Lewis ld ray Blesaid v burst burr Goodall  v dolly term Rep Coleman v sayer stram Daglish v Weatherby Bl Rep Tindal v  brown term Rep Metcalf v hale cite dougl term Rep b