Definition of DEMAND in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DEMAND
v. 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." Fossett v. State, 34 Okl.Cr. 106, 245 P. 668, 669.
n. A peremptory claim to thing of right, differing from claim, in that it presupposes that there is no defense or doubt upon question of right, Golden v. Golden, 155 Oki. 10, 8 P.2d 42, 45; Anderson v. Commercial Credit Co., 110 Mont. 333, 101 P.2d 367, 369; National Life & Accident Ins. Co. v. Dove, 141 Tex. 464, 174 S.W.2d 245, 247.
The assertion of a legal right; a legal obligation asserted in the courts; a word of art of an extent greater in its signification than any other word except "claim." Nunn v. Titche-Goettinger Co., Tex.Civ.App., 196 S.W. 890, 892. Demand for payment. Peterson v. Rodgers, 51 Ariz. 502, 78 P.2d 480, 482; assessment upon corporate stock of deceased. Smith v. Fechheimer, 124 Fla. 757, 169 So. 395, 398; presentment of statement, Davison v. Klaess, 280 N.Y. 252, 20 N.E.2d 744, 746. However, under some statutes "demand" has a more restricted meaning. Hillside Securities Co. v. Minter, 300 Mo. 380, 254 S.W. 188, 193.
A debt or amount due. Inhabitants of Town of Frankfort v. Waldo Lumber Co., 128 Me. 1, 145 A. 241, 243; Caldwell v. Morfa, D.C.Tex., 24 F.2d 106, 107.
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. Zimmerman v. Hicks, C.C.A., 7 F.2d 443, 445; Norwood Nat. Bank v. Piedmont Pub. Co., 106 S.C. 472, 91 S.E. 866, 867; school district's request that depositary honor checks for salaries. School District of City of Lansing v. Fidelity & Casualty Co. of New York, 266 Mich. 189, 253 N.W. 263; demand for extradition, Ex parte King, 139 Me. 203, 28 A.2d 562, 564.
The seeking after a commodity or service. It is not something static, but necessarily contains the idea of "competition" and a realization that markets are as much limited by sales efforts as by capacity to produce. Mendota Coal & Coke Co. v. Eastern Ry. & Lumber Co., C.C.A.Wash., 53 F.2d 77, 82.
—Compulsory demand. "Compulsory demand" by the true owner of an article, justifying surrender and recovery by the one who surrenders it as against his vendor, means when the true owner presents his claim and establishes his paramount title. Jordan v. Van Duzee, 139 Minn. 103, 165 N.W. 877, 879, L.R.A. 1918B, 1136.
— Cross-demand. A demand that is preferred by one party to an action in opposition to a demand already preferred against him by his adversary. Drovers' State Bank v. Elliott, 97 Kan. 64, 154 P. 255, 256.
—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.
—Demand note. A note that is due at once; one on which suit may be brought without any formal demand. Wilson v. Stark, 146 Miss. 498, 112 So. 390, 392.
—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. § 589.
—Reasonable public demand for a bank. Such a desire upon the part of the community for the bank as will make its coming welcome and insure an amount of business sufficient to promise it success. It may come from the natural desire of the community and upon its own initiative, or it may be the result of propaganda. State v. State Securities Commission, 145 Minn. 221, 176 N.W. 759, 760.
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That's the definition of DEMAND in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
