Legal Opinion

Bell v. Sackett

California Supreme Court

Decided July 1, 1869PublishedCited by 4 opinions

Appeal from the District Court of the Eleventh District, County of El Dorado. The case is stated in the opinion,

1Opinion of the CourtCrockett, J.

This is an action on a promissory note, dated November 4, 1864, and payable on demand. The action was commenced November 7, 1868, and the defense is the Statute of Limitations. The first point for decision is, whether a promissory note payable on demand and containing no waiver, is entitled to days of grace. The statute leaves no room for doubt on this point. By an Act concerning promissory notes and bills of exchange, passed in 1851 (Statutes 1851, p. 523), it is provided that “three days, commonly called days of grace, shall be allowed, except on sight bills or drafts. ” The distinction…

2Cases cited2 opinions

  1. Cornell v. MoultonNew York Supreme Court · 1846
  2. Davis v. EppingerCalifornia Supreme Court · 1861

3Cited by4 opinions

  1. Jones v. NichollCalifornia Supreme Court · 1889
  2. North American Trading & Transportation Co. v. ByrneDistrict Court, D. Alaska · 1910
  3. Sabin v. BurkeIdaho Supreme Court · 1894
  4. Estate of Sbarboro, Superior Court of California, County of San Francisco1879

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