Legal Opinion

Merrimack River Savings Bank v. Higgins

Supreme Court of New Hampshire

Decided November 2, 1937PublishedCited by 11 opinions

1Opinion of the CourtAllen, C. J.

In the effect of the statute of limitations the promise to pay on demand, as contained in a negotiable instrument, is to pay forthwith. The promise creates a matured obligation as soon as it is given. “Promissory notes payable on demand are, by the import of their terms, payable upon request. But long settled construction, regarding them as evidence that money is due from the promisor to the holder, makes them payable generally as if the note had contained a promise to pay a sum of money to the holder, without anything superadded. It is held that a suit is a sufficient demand, which implies…

2Cases cited4 opinions

  1. Brown v. LathamSupreme Court of New Hampshire · 1876
  2. Newell v. ClarkSupreme Court of New Hampshire · 1905
  3. Conway Savings Bank v. DowSupreme Court of New Hampshire · 1897
  4. Baldwin v. Hartford Fire Ins.Supreme Court of New Hampshire · 1880

3Cited by11 opinions

  1. Hull v. Brandywine Fibre Products Co.District Court, D. Delaware · 1954
  2. Simon v. New Hampshire Savings BankSupreme Court of New Hampshire · 1972
  3. Stebens v. WilkinsonSupreme Court of Iowa · 1957
  4. Cantor v. NewtonMassachusetts Appeals Court · 1976
  5. Schekter v. MichaelSupreme Court of Florida · 1966

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API