Baker & Bro. v. Ramsburg's Sons
District of Columbia Court of Appeals
STATEMENT OE THE CASE. This was aD action on a promissory note for $306.75, dated 5th February, 1879, made by defendants in favor of plaintiffs, and payable five months after date, at plaintiff’s office, in the city of Staunton, Virginia, with interest.
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STATEMENT OE THE CASE. This was aD action on a promissory note for $306.75, dated 5th February, 1879, made by defendants in favor of plaintiffs, and payable five months after date, at plaintiff’s office, in the city of Staunton, Virginia, with interest. By the statute of Virginia the note was not entitled to days of grace, so that the note matured on the 5th of July, 1879. The declaration was. filed, summons issued, and service had on defendants July 6, 1882. Counsel for respective parties agreed that, unless the note was barred by limitations, judgment might be entered for plaintiffs. Under…
1Opinion of the CourtJustice James
The note on which this suit is brought was due July 5, 1819, and the suit was begun on July 6, 1882. The only defence interposed is the Statute of Limitations, which provides that such suits shall be brought “ within three years ensuing the cause of such action, and not after.” Act 1115, ch. 23, sec. 2. If the day on which the cause of action accrued, which in this case was July 6,1819, is to be included, the action"was begun one day too late; if excluded, it was brought in proper time. Authorities differ on this point, but we prefer the rule followed in New York and Pennsylvania, which…
2Cited by3 opinions
- Fox-Greenwald Sheet Metal Co., Inc. v. Markowitz Bros., Inc., Continental Casualty Co., Blake Construction Co., Inc., United States of AmericaCourt of Appeals for the D.C. Circuit · 1971
- Shehyn v. District of ColumbiaDistrict of Columbia Court of Appeals · 1978
- United States v. FisherDistrict Court, W.D. Kentucky · 1953