Appeal of Andress
Supreme Court of Pennsylvania
Appeal from tlie Orphans’ Court of Philadelphia eomdy : Of January Term 1882, No. 47. This was an appeal by Michael B. Andress and' George II. Dale, executors of Conrad B. Andress, deceased, from a decree of said court dismissing their exceptions to the adjudication of the auditing judge upon tlieir account as executors.
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Appeal from tlie Orphans’ Court of Philadelphia eomdy : Of January Term 1882, No. 47. This was an appeal by Michael B. Andress and' George II. Dale, executors of Conrad B. Andress, deceased, from a decree of said court dismissing their exceptions to the adjudication of the auditing judge upon tlieir account as executors. Conrad B. Andress died May 16th 1879. His executors duly filed their account, upon the audit of which, on March 8th 1881, Thomas D. Andress, administrator de bonis non of William Andress, deceased (a brother of Conrad B. Andress), presented a claim upon the following…
1Opinion of the CourtJustice Merour
At what time is a due-bill payable on demand barred by the statute of limitations? Does the statute begin to run at its date, or not until payment is demanded ? It is a well-recognised rule of law, that the statute begins to run on a promissory note, whether negotiable or not, whenever a cause of action accrues thereon : that is, from the time the holder has a right to demand the thing claimed: Bucklin v. Ford, 5 Barb. 393; 2 Parsons on Notes & Bills 641-2. The words “on demand” in a note do not make the demand a condition precedent to a right of action.; but import the debt is due and…
2Cases cited3 opinions
- Bucklin v. FordNew York Supreme Court · 1849
- Taylor's Adm'rs v. Witman's Adm'rsSupreme Court of Pennsylvania · 1861
- Young v. WestonSupreme Judicial Court of Maine · 1855
3Cited by9 opinions
- Cook v. CarpenterSupreme Court of Pennsylvania · 1905
- Swearingen v. Sewickley Dairy Co.Supreme Court of Pennsylvania · 1901
- Dominion Trust Co. v. HildnerSupreme Court of Pennsylvania · 1914
- First National Bank v. BartlettSuperior Court of Pennsylvania · 1908
- Darby v. DarbySupreme Court of Louisiana · 1908
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