Wilcombe v. Dodge
California Supreme Court
Appeal from the Fifth Judicial District. This suit was brought to recover the amount of a promissory note made by defendants to plaintiff—dated March 15, 1852, for $3034—payable fifteen days from date. The execution of the note was admitted.
Read the full summary
Appeal from the Fifth Judicial District. This suit was brought to recover the amount of a promissory note made by defendants to plaintiff—dated March 15, 1852, for $3034—payable fifteen days from date. The execution of the note was admitted. Defendants proved by the Clerk of the District Court, that the complaint was filed on the 2d day of April, that the summons, attachment, copy of summons, and copy of complaint, were issued on the same day to the sheriff of the county; and the papers so issued were produced, endorsed, “ Filed 2d April, 1852.” The defendants here rested their case and moved…
1Opinion of the CourtHeydenfeldt, Justice
Murray, Chief Justice, concurred.
It is contended that suit may be brought on a promissory note on the day it becomes due, and several authorities have been cited which have so determined. We prefer adhering to the reasonable rule, which has been long established, that the payee has all of the day on which the note falls due, in which to pay it, and therefore that a suit commenced on that day is premature. The cases which decide otherwise subvert the general principle of law, for the seeming purpose of remedying particular cases of hardship.
We are satisfied that a departure from a reasonable…
2Cited by6 opinions
- Davis v. EppingerCalifornia Supreme Court · 1861
- McFarland v. PicoCalifornia Supreme Court · 1857
- Farmers' National Bank v. Salina Paper Manufacturing Co.Supreme Court of Kansas · 1897
- Sabin v. BurkeIdaho Supreme Court · 1894
- Holland v. ClarkSupreme Court of Arkansas · 1878
1 more not listed; retrieve them via the Exa API.