Boustead v. Cuyler
Supreme Court of Pennsylvania
No. 356 January Term 1885, Supt. Ct.; court below, No. 77 June Term 1878, C. P. No. 4. The action in the court below was assumpsit upon the following writing: November 13, 1868. I have in my hands to the credit of John Boustead, executor of Sarah and also of James Boustead, thirty-one hundred and eight dollars payable to him as such executor, on demand with interest at six per cent, until paid. (Signed) Theo. Cuyler.
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No. 356 January Term 1885, Supt. Ct.; court below, No. 77 June Term 1878, C. P. No. 4. The action in the court below was assumpsit upon the following writing: November 13, 1868. I have in my hands to the credit of John Boustead, executor of Sarah and also of James Boustead, thirty-one hundred and eight dollars payable to him as such executor, on demand with interest at six per cent, until paid. (Signed) Theo. Cuyler. The narr. contained eight counts: 1. Upon the above instrument of writing as a promissory note or due bill, and averring the money to be the proper money of the estate of James…
1Per curiam
The plaintiff declared on a “ promissory note or due bill.” It is payable on demand. It is therefore evidence of a present debt. It is due and demandable immediately. The commencement of a suit is a sufficient demand. No demand is necessary as a condition precedent to a right of action: Andress’ Appeal, 99 Penn. St. 421; Milne’s Appeal, Idem 483; Smith v. Bell, 107 Idem 352. It follows that this due bill on its face was barred by the statute of limitations before suit brought. The main body of the note was in the handwriting of the maker. It was however altered in a material part, admittedly…
2Cited by13 opinions
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