Friend v. Pitman
Supreme Judicial Court of Maine
On Exceptions by Plaintiff. An action of assumpsit upon a promissory note. The defendant appeared by attorneys and filed a general demurrer to the plaintiff’s declaration, on the ground that the plaintiff did not allege, and it nowhere appeared in the declaration, that the note declared on (which was a time note) was due and payable at the time of the commencement of the action by the plaintiff. The plaintiff joined in the demurrer.
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On Exceptions by Plaintiff. An action of assumpsit upon a promissory note. The defendant appeared by attorneys and filed a general demurrer to the plaintiff’s declaration, on the ground that the plaintiff did not allege, and it nowhere appeared in the declaration, that the note declared on (which was a time note) was due and payable at the time of the commencement of the action by the plaintiff. The plaintiff joined in the demurrer. The presiding justice overruled the demurrer, and adjudged the declaration good, to which rulings the defendant seasonably excepted.
1Opinion of the CourtSavage, J.
The plaintiff has declared upon a promissory note dated December 6, 1893, and payable five months after date. To this declaration the defendant has filed a general demurrer, and as ground for demurrer, he sets up the want of an averment in the declaration that the note was overdue, or that the five months had *122long since elapsed, or, in substance, that a cause of action had accrued. Some such averment is usually found in the books of precedents in the forms for declarations on time notes. Is such an averment necessary ?
The writ was dated September 4, 1897, .and if we may look at the date of…
2Cases cited4 opinions
- Spears v. BondSupreme Court of Missouri · 1883
- Church v. Town of WestminsterSupreme Court of Vermont · 1873
- Maynard v. TalcottNew York Supreme Court · 1852
- Bank of Montpelier v. RussellSupreme Court of Vermont · 1855
3Cited by1 opinion
- Mansfield v. GoodhueSupreme Judicial Court of Maine · 1947