Valente v. Boggiano

The opinion of the court was delivered by

Parker, J.

The question in this case arises under the statute of limitations as applicable to a promissory note which did not fall due until after the payee died, in view of the fact that no administration of the payee’s estate was taken out for some ten years after his death. The trial court granted a nonsuit on the ground that the statute of limitations began to run at the date of maturity of the note. The exact dates are as follows:

The note, to order of Joseph Tálente, bears date April 1st, 1913, payable at one year.

Tálente died intestate March 5th,…