Herrick v. Bennett
New York Supreme Court
THIS was an action of assumpsit on a promissory note. The first count of the plaintiff’s declaration stated, that defendant, on the 25th May, 1809, at, &c. made his certain promissory note in writing, subscribed, &c. and 1 u then and there delivered the same to the plaintiff, by which said note the defendant promised to pay to the piajntjff5 or order, 112 dollars and 53 cents. By reason whereof, &c.
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THIS was an action of assumpsit on a promissory note. The first count of the plaintiff’s declaration stated, that defendant, on the 25th May, 1809, at, &c. made his certain promissory note in writing, subscribed, &c. and 1 u then and there delivered the same to the plaintiff, by which said note the defendant promised to pay to the piajntjff5 or order, 112 dollars and 53 cents. By reason whereof, &c. There was a demurrer to this count of the declaration, which was submitted to the court, without argument.
1Per curiam
It is to be presumed that the plaintiff has stated the note, in his declaration," according to the terms of it, and that is sufficient. The conclusion of the law is, that where no time of payment is specified in a *375note, it is payable immediately. The first count, then, ** . ' . shows a cause of action, and the plaintiff is entitled to Judgment.
Judgment for the plaintiff.
2Cited by3 opinions
- Gibbs v. BlanchardMichigan Supreme Court · 1867
- Okie v. SpencerSupreme Court of Pennsylvania · 1837
- White v. TarbellSupreme Court of Vermont · 1855