Stanton v. Estate of Stanton
Supreme Court of Vermont
Appeal from the probate court. This case was heard upon a case stated, hereto annexed. The court, September Term, 1864, Pier-point, J., presiding, pro forma rendered judgment for the defendant, affirming the judgment of the probate court, — to which the plaintiff excepted.
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Appeal from the probate court. This case was heard upon a case stated, hereto annexed. The court, September Term, 1864, Pier-point, J., presiding, pro forma rendered judgment for the defendant, affirming the judgment of the probate court, — to which the plaintiff excepted. Agreed case : — It is agreed that the annexed note was executed and delivered by the plaintiff to the intestate at its date for full and valuable consideration ; that it has never been paid nor has any part of it; and that no demand or request for its payment was ever in fact made. The maker of the note sold and conveyed…
1Opinion of the CourtBarrett, J.
The only question made in argument is whether upon the facts agreed the note in question is barred by the statute of limitations.
The ground on which it is claimed that the note is barred by the statute is, that it was the duty of the payee to demand the pay in a reasonable time ; that, in the absence of any proof upon the subject, the law will assume six years as the limit of such reasonable time, and that, in case no demand is made within that period, the statute will begin to run at the expiration of that period.
In the view we take of this case, it seems unnecessary to enter upon a…
2Cited by18 opinions
- Palmer v. PalmerMichigan Supreme Court · 1877
- Thompson v. Whitaker Iron Co.West Virginia Supreme Court · 1895
- Campbell v. WhoriskeyMassachusetts Supreme Judicial Court · 1898
- Vickrey v. MaierCalifornia Supreme Court · 1912
- Mickel v. WalravenSupreme Court of Iowa · 1894
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