Ware v. Hewey
Supreme Judicial Court of Maine
On Exceptions. Assumpsit on account annexed. The writ was dated July 26, 1868. The plaintiff introduced evidence tending to show that on July-20, 1862, he loaned the defendant the sum of money mentioned in the account annexed to the writ, with an agreement on the part of the defendant that it was “ to be paid when called for and that he called on the defendant for payment of the same in a month or more, after the time of the loan.
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On Exceptions. Assumpsit on account annexed. The writ was dated July 26, 1868. The plaintiff introduced evidence tending to show that on July-20, 1862, he loaned the defendant the sum of money mentioned in the account annexed to the writ, with an agreement on the part of the defendant that it was “ to be paid when called for and that he called on the defendant for payment of the same in a month or more, after the time of the loan. The presiding judge instructed the jury, among other things.not excepted to, that the statute of limitation would commence to run from the date of the loan, and…
1Opinion of the CourtAppleton, C. J.
A promissory note payable on demand is due instantly, and the statute of limitation begins to run from its date. An action may be maintained on a bank-bill payable on demand, but having no place therein appointed for payment, without a special demand. Bryant v. Damariscotta Bank, 18 Maine 240. It makes no difference, though the note be “ on demand, with interest *392after six months,” or to pay “ when demanded, ” or “ whenever called upon to do so.” Rice v. West, 2 Fairf. 323. Young v. Weston, 39 Maine, 492. Kingsbury v. Butler, 4 Verm. 458. Waters v. The Earl of Thanet, 2 Queen’s Bench (42 E. C.…
2Cases cited2 opinions
- Kingsbury v. ButlerSupreme Court of Vermont · 1832
- Bryant v. Damariscotta BankSupreme Judicial Court of Maine · 1841
3Cited by7 opinions
- Barry v. MinahanWisconsin Supreme Court · 1906
- Boyd v. BuchananMissouri Court of Appeals · 1914
- Whitehurst v. DuffySupreme Court of Virginia · 1943
- Citizens Bank of Pleasantville v. TaylorSupreme Court of Iowa · 1926
- Darby v. DarbySupreme Court of Louisiana · 1908
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