Wenman v. Mohawk Insurance
New York Supreme Court
Error from the superior court of the city of New-York. The Mohawk Insurance Company declared against Wenman as the administrator of Thomas Carter, deceased, on two promissory notes, given by Carter, bearing date, one on the 1st August, 1825, for $3318, and the other on the 19th September, 1825, for $1300; both payable on demand, with interest.
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Error from the superior court of the city of New-York. The Mohawk Insurance Company declared against Wenman as the administrator of Thomas Carter, deceased, on two promissory notes, given by Carter, bearing date, one on the 1st August, 1825, for $3318, and the other on the 19th September, 1825, for $1300; both payable on demand, with interest. The suit was commenced on the 26th Septémber, 1833. The defendant pleaded non-assumpsit, with notice that, the statute of limitations would be insisted upon in the defence. It was proved that Carter made the notes declared on, and that on the 4th…
1Opinion of the Court
By the Court,
Nelson, J.
The statute begun to run at the date of the notes, they being then due and collectable by suit. Chitty on Bills, 374. Bull. N. P. 151. The demand is not parcel of the contract, but is used to show that the debt is due. There are eases where the note is payable at a certain time, as, one month after demand,in which it has been decided that the statute does not run until the time has elapsed after demand made; but in such cases it is obvious, from the terms of the contract, an actual demand was contemplated by the parties before the note should become due. The giving of…
2Cases cited2 opinions
- Nichols v. ChapmanNew York Supreme Court · 1832
- Huntington v. BrinckerhoffNew York Supreme Court · 1833
3Cited by34 opinions
- Palmer v. PalmerMichigan Supreme Court · 1877
- Tynan v. WalkerCalifornia Supreme Court · 1868
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Bruce v. . TilsonNew York Court of Appeals · 1862
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