Lobdell v. Hopkins
New York Supreme Court
On certiorari, from the justices’ court of the city of Albany. Lobdell sued Hopkins in the court below, on the following instrument in writing, signed by the defendant: “ Moscow, 29th August, 1817. I certify that on the settlement made with Amos H. Arnold, Noble Lobdell and Caleb Lobdell, on a contract with them, or some of them, for a job of clearing, there remained a balance due said Caleb Lobdell, of $35 95, payable in farm produce, at the market price, according to said…
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On certiorari, from the justices’ court of the city of Albany. Lobdell sued Hopkins in the court below, on the following instrument in writing, signed by the defendant: “ Moscow, 29th August, 1817. I certify that on the settlement made with Amos H. Arnold, Noble Lobdell and Caleb Lobdell, on a contract with them, or some of them, for a job of clearing, there remained a balance due said Caleb Lobdell, of $35 95, payable in farm produce, at the market price, according to said contract.” The defendant at the trial, admitted the execution of this paper; and the plaintiff admitted that the…
1Opinion of the Court
Curia, per Savage, Ch. J.
On the merits, the only question is, was a demand necessary before action brought ?
The note declared on refers to another contract, which, if produced, might have shown a time and place of payment ; and perhaps a specific mode; but the note, unexplained, amounts to a note payable in specific articles without time or place ; and the want of time renders it payable on demand. On such a note, a special demand is neces*518sary. (Smith v. Leavensworth, 1 Root, 209. Bach v Owen, 5 T. R. 409. Chandler v. Windship, 6 Mass. Rep 310. Benners v. Executors of Howard, Tayl. Rep. N. C.…
2Cases cited2 opinions
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