“Assumpsit. This action was brought for the recovery of about $3000, together with the additional damages of two per cent, per month, authorized by the laws of Massachusetts, in cases where any bank shall refuse or neglect to pay its bank-bills in specie on demand. The facts were as follows. A runner or agent from the Suffolk bank, established at Boston, presented at the banking house of the Lincoln bank at Bath, their bank-bills to the amount above stated for payment, and early in the morning, and very soon after the commencement of the usual banking hours. The cashier immediately offered to pay the amount in bills of the banks in Boston, and among others, partly in those of the Suffolk bank, or by a check or draft on a bank in Boston; both of which proposals were declined by the agent, who demanded payment in specie. The cashier then began to count out small pieces of silver change. It occupied him until near the hour of closing the bank, to count in this way, about five hundred dollars. He tendered no gold, and no silver of a larger denomination than one quarter of a dollar, and no more of that, than would have amounted in the whole to one thousand dollars, which could not have been counted at the rate at which the cashier was counting, within the bank hours of the day, which were from nine o’clock, A. M., until one o’clock. P. M. The agent offered to take the specie at the count of the bank, but the cashier declined so to deliver it; and the agent being unable to procure the specie, left the bank with his bills, a very short time before the closing of the bank. The Suffolk bank treated these facts as a case of refusal or neglect to pay the bills, and commenced the present action accordingly.”