Legal Opinion

Bishop v. Sniffen

New York Court of Common Pleas

Decided May 15, 1861PublishedCited by 2 opinions

Appeal by the defendant from a judgment of the Sixth District Court. The action was brought upon a lost promissory note, alleged to have been made in San Francisco, May 19, 1855, payable to plaintiff or order on demand, with interest at ten per cent, per annum. The justice before whom the cause was tried, rendered judgment for the plaintiff for the principal of the note, and interest from its date at the rate of ten per cent.

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Appeal by the defendant from a judgment of the Sixth District Court. The action was brought upon a lost promissory note, alleged to have been made in San Francisco, May 19, 1855, payable to plaintiff or order on demand, with interest at ten per cent, per annum. The justice before whom the cause was tried, rendered judgment for the plaintiff for the principal of the note, and interest from its date at the rate of ten per cent. The defendant appealed to this Court, on the ground, among others, that judgment was rendered for interest from the date of the note, and anterior to the time of the…

1Opinion of the Court

By the Court.

Brady, J.

The question presented in this case, namely, whether in an action on a note payable on demand, interest is to be allowed from the date of the note, or the time of demand, has not been settled by any express adjndicaiiou in this state, although a rule which is controlling has been long recognized.

In Campbell v. Mesier (3 Johns Ch., Rep. 21), the chancellor said “ it is the settled rule in the law of this State, tlu’f iutmx-st *157is to be paid for money received or advanced for the use of another, after a default in payment,” and Spencer, Senator, in Renssellaer Glass Factory…

2Cases cited5 opinions

  1. McNair v. GilbertNew York Supreme Court · 1829
  2. Fintard v. TackingtonNew York Supreme Court · 1813
  3. Rowley v. BallNew York Supreme Court · 1824
  4. Des Arts v. LeggettThe Superior Court of New York City · 1855
  5. Stowits v. Bank of TroyNew York Supreme Court · 1839

3Cited by2 opinions

  1. Van Vliet v. KanterAppellate Division of the Supreme Court of the State of New York · 1910
  2. Herrick v. . WoolvertonNew York Court of Appeals · 1870

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