Wheeler v. . Warner
New York Court of Appeals
Appeal from judgment of the Ceneral Term of the Supreme Court, in the seventh judicial district, affirming a judgment in favor of plaintiff, entered upon decision of the court at circuit. The action is upon a promissory note of $500, payable on demand with interest. Defence, statute of limitations. The statute had run against the note, and the action was barred, unless a demand was necessary, before the statute could begin to run.
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Appeal from judgment of the Ceneral Term of the Supreme Court, in the seventh judicial district, affirming a judgment in favor of plaintiff, entered upon decision of the court at circuit. The action is upon a promissory note of $500, payable on demand with interest. Defence, statute of limitations. The statute had run against the note, and the action was barred, unless a demand was necessary, before the statute could begin to run. It was tried by the court, a jury being waived, who gave judgment for plaintiff for amount of note and interest. The action was barred by the statute. (Howland v.…
1Opinion of the CourtPeckham, J.
The decision in Merritt v. Todd (23 N. Y., 28), seems to have caused some disturbance in the law as to the right of parties upon demand notes. That case simply decided that an indorser on such a note bearing interest was not discharged, though no demand was made upon the maker until some three and a half years after the making of the note. That as between holder and indorser, such a note was not due until demand made. This rule, by the decision itself, was confined to that particular case, and did not apply, nor was it claimed to apply, to the rights of holders of such paper as against the…
2Cases cited3 opinions
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Merritt v. . ToddNew York Court of Appeals · 1861
- Howland v. . EdmondsNew York Court of Appeals · 1862
3Cited by41 opinions
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- Parker v. . StroudNew York Court of Appeals · 1885
- Citizens Bank of Pleasantville v. TaylorSupreme Court of Iowa · 1926
- Turner v. Iron Chief Mining Co.Wisconsin Supreme Court · 1889
- Mitchell v. EastonSupreme Court of Minnesota · 1887
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