Blackman v. Nearing
Supreme Court of Connecticut
Assumpsit on a promissory note; brought to the Court of Common Pleas of Fairfield County, and tried to the court, on the general issue, with notice of the statute of limitations, before Be Forest, J. The note was dated November 21st, 1867, was for the sum of |125, and was payable to the order of the plaintiff in three months after date at the Home National Bank of Meriden in this state, and was duly executed by the defendant.
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Assumpsit on a promissory note; brought to the Court of Common Pleas of Fairfield County, and tried to the court, on the general issue, with notice of the statute of limitations, before Be Forest, J. The note was dated November 21st, 1867, was for the sum of |125, and was payable to the order of the plaintiff in three months after date at the Home National Bank of Meriden in this state, and was duly executed by the defendant. On the day it fell due, February 24th, 1868, it was duly presented for payment during banking hours at the bank at which it was payable, and payment refused. The action…
1Opinion of the CourtFoster, J.
The note on which this suit was brought matured and became payable at bank on the 24th of February, 1868. Service of the writ was made on the 24th of February, 1874. The defence is the statute of limitations.
Is that statute a bar?
If the day the note matured is included in the computation of time, six years had elapsed before action brought; if that day is excluded, the action is within six years.
Our statute which applies to contracts of this description is, “No action shall be brought,” &c., “but within six years next after the right of action shall accrue.”
This language is simple and free…
2Cases cited5 opinions
- Avery v. StewartSupreme Court of Connecticut · 1816
- Cornell v. MoultonNew York Supreme Court · 1846
- Sands v. LyonSupreme Court of Connecticut · 1846
- Osborn v. MoncureNew York Supreme Court · 1829
- Weeks v. HullSupreme Court of Connecticut · 1849
3Cited by16 opinions
- Austin, Nichols Co., Inc. v. GilmanSupreme Court of Connecticut · 1923
- Nebola v. Minnesota Iron Co.Supreme Court of Minnesota · 1907
- Kelly v. Independent Publishing Co.Montana Supreme Court · 1912
- Seward v. HaydenMassachusetts Supreme Judicial Court · 1889
- Texas Co. v. DavisSupreme Court of Georgia · 1924
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