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Home » Law Dictionary » D » DEMAND

DEMAND

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(noun) – A claim; the assertion of a legal right; a legal obligation asserted in the courts. “Demand” is a word of art of an extent greater in its signification than any other word except “claim.” Co. Litt 291; In re Denny, 2 Hill (N. Y.) 220. Demand embraces all sorts of actions, rights, and titles, conditions before or after breach, executions, appeals, rents of all kinds, covenants, annuities, contracts, recognizances, statutes, commons, etc. A release of all demands to date bars an action for damages accruing after the date from a nuisance previously erected. Vedder v. Vedder, 1 Denio (N. Y.) 257. Demand is more comprehensive in import than “debt” or “duty.” Sands v. Codwise, 4 Johns. (N. Y.) 536, 4 Am. Dec. 305. Demand, or claim, is properly used in reference to a cause of action. Saddlesvene v. Arms, 32 How. Prac. (N. Y.) 280.An imperative request preferred by one person to another, under a claim of right requiring the latter to do or yield something or to abstain from some act. Demand in reconvention. A demand which the defendant institutes in consequence of that which the plaintiff has brought against him. Used in Louisiana. Equivalent to a “counterclaim” elsewhere. McLeod v. Bertschey, 33 Wis. 177, 14 Am. Rep. 755. Legal demand. A demand properly made, as to form, time, and place, by a person lawfully authorized. Foss v. Norris, 70 Me. 118. On demand. A promissory note payable “on demand” is a present debt and is payable without any actual demand, or, if a demand is necessary, the bringing of a suit is enough. Appeal of Andress, 99 Pa. 424. Personal demand. A demand for payment of a bill or note, made upon the drawer, acceptor, or maker, in person. See 1 Daniel, Neg. Inst f 589.

(verb) – In practice. To claim as one’s due; to require; to ask relief. To summon; to call in court “Although solemnly demanded, comes not but makes default.”

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