Hyman v. Doyle
New York Supreme Court
Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, seventh district, borough of Manhattan, in favor of the plaintiff, rendered after a trial had before the court, without a jury.
1Opinion of the CourtGiegerich, J.
The action was brought upon a promissory note made payable “ on demand after date ” at a place specified. The proposition most strenuously contended for by the appellant is that the complaint should have been dismissed because of the failure on the part of the plaintiff to prove any demand. Decisions in other jurisdictions are relied upon in the appellant’s brief, but the rule in this State is that, as between the maker and the holder, a promissory note payable upon demand is due forthwith. Wheeler v. Warner, 47 N. Y. 519; DeLavallette v. Wendt, 75 id., 579; McMullen v. Rafferty, 89 id., 457;…
2Cases cited3 opinions
- Wheeler v. . WarnerNew York Court of Appeals · 1872
- Locklin v. . MooreNew York Court of Appeals · 1874
- People v. St. Nicholas BankAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Crosby v. Bank of NiagaraNew York Supreme Court · 1915
- Van Vliet v. KanterAppellate Terms of the Supreme Court of New York · 1909