Owen v. Howard Insurance
Court of Appeals of Kentucky
Case 87 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The court will take judicial notice of the course of the calendar, and, therefore, that the fifteenth day of March, 1885, was Sunday. (1 Greenleaf s Evidence, sec. 5; 1 Wharton’s Evidence, sec. 282; Minor’s Institutes, vol. 4, part 2, p. 998.) 2. If the last day for the performance of a contract falls on Sunday, the time for performance is extended to the next day — Monday. (Hammond v. Am. Mut.
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Case 87 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The court will take judicial notice of the course of the calendar, and, therefore, that the fifteenth day of March, 1885, was Sunday. (1 Greenleaf s Evidence, sec. 5; 1 Wharton’s Evidence, sec. 282; Minor’s Institutes, vol. 4, part 2, p. 998.) 2. If the last day for the performance of a contract falls on Sunday, the time for performance is extended to the next day — Monday. (Hammond v. Am. Mut. Life Ins. Co., 10 Gray, 201; Keits v. Temple, 48 Mo., 75; Barrett v. Allen, 10 Ohio, 426; Avery v. Stewart, 2‘Count., 29;…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The tenth clause of the policy which the appellant . claims was issued to him by the appellee, provides : “This company hereby limits its liability under this *573policy, and it is hereby expressly provided that no suit or action against this company for the recovery of any claim by virtue of this policy, shall be sustainable in any court of law or chancery until an appraisal shall have been obtained, fixing the amount of such claim above provided, nor unless such suit or action shall be commenced within twelve months next after the fire shall have…
2Cases cited2 opinions
- Sands v. LyonSupreme Court of Connecticut · 1846
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