Palmer v. Palmer
Michigan Supreme Court
Case made from Genesee Circuit. argued that there was no law to restrain or forbid a party from making contracts payable in the future upon the happening of an event; and that a note or pontract may be made payable when a certain event may occur in the future, however remote: Sword v. Keith, 31 Mich., 247; Kim-ball v. Kimball, 16 Mich., 211; Jttson v. Gilbert, 7 Am., 100; Payne v. Gardiner, 29 N Y., 146. The note in suit is not a demand note, payable on demand, but a note…
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Case made from Genesee Circuit. argued that there was no law to restrain or forbid a party from making contracts payable in the future upon the happening of an event; and that a note or pontract may be made payable when a certain event may occur in the future, however remote: Sword v. Keith, 31 Mich., 247; Kim-ball v. Kimball, 16 Mich., 211; Jttson v. Gilbert, 7 Am., 100; Payne v. Gardiner, 29 N Y., 146. The note in suit is not a demand note, payable on demand, but a note that fixes a period of thirty days, after an actual demand, before it becomes due; and until the expiration of that time…
1Opinion of the Court
Campbell, J:
The only question in this case is, whether a certain promissory note, not negotiable, given by the defendant to plain*490tiff, was barred by the statute of limitations when suit was begun.
The note was in the following terms:
“$1,500. Atlas, Mich., Oct. 16, 1867.
“Thirty days after demand, I promise to pay Jonathan Palmer fifteen hundred dollars, value received, without defalcation. Frank J. Palmer.”
No demand is found to have been made until May 22d, 1874, or six years and seven months after date. An attempt was made to show a previous demand by showing the transmission by mail of a…
2Cases cited5 opinions
- Bruce v. . TilsonNew York Court of Appeals · 1862
- Howland v. . EdmondsNew York Court of Appeals · 1862
- Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
- Thrall v. Estate of MeadSupreme Court of Vermont · 1868
- Stanton v. Estate of StantonSupreme Court of Vermont · 1865
3Cited by77 opinions
- Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
- Campbell v. WhoriskeyMassachusetts Supreme Judicial Court · 1898
- Williams v. BerginCalifornia Supreme Court · 1897
- High v. Board of CommissionersIndiana Supreme Court · 1884
- Atchison, Topeka & Santa Fé Railroad v. Burlingame TownshipSupreme Court of Kansas · 1887
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