Hibernia Savings & Loan Society v. O'Grady
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The note sued on was dated February 29th, 1868, and made payable twelve months after date without grace.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The note sued on was dated February 29th, 1868, and made payable twelve months after date without grace. The suit was commenced March 1st, 1873. On the trial of the action, as soon as the plaintiff closed his evidence, the defendant’s attorney, in open Court, asked the attorney for plaintiff, when he claimed the note sued on fell due; to which the plaintiff’s attorney, also in open Court, answered, the last day of February, 1869. Whereupon the defendant’s attorney announced, that with that…
1Opinion of the Court
By the Court:
The note on which this action was brought became due on the twenty-seventh of February, 1869. The plaintiff had full four years to bring its action after the note became payable, but no more. An action commence^ on the first of March, 1873, was, therefore, too late; and this, whether the Sunday which was the day that immediately succeeded the day on which the note became due, be or not considered a portion of the four years limitation.
Judgment reversed, and cause remanded with directions to render judgment for the defendants.
2Cited by1 opinion
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