Empire Holding Corp. v. Coshow

Petition for rehearing denied April 16, 1935

On Petition for Rehearing

(43 P. (2d) 907)

BAILEY, J.

The appellant assigns as one of his reasons for requesting a rehearing the failure of this court in its former opinion to hold that the note was not due and payable at the time the action was commenced. The note was dated November 14, 1930, and according to its provisions was payable on or before five years from date, “with interest thereon at the rate of 7 per cent per annum from date to maturity and from maturity until paid”. It contained no other condition as to payment of interest.

The appellant…