Sackett v. Spencer
New York Supreme Court
MOTION for judgment on a verdict taken for the plaintiff at the circuit, subject to the opinion of the court. The complaint alleged that the defendant, on the 4th day of October, 1851, at Lima, in the county of Livingston, made his promissory note in writing, dated that day, in the words following, viz: “ $340. Due Anthony Yorks, or bearer, three hundred and forty dollars, for value received, with interest, at Leicester’s office in Rochester. Samuel Spencer.
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MOTION for judgment on a verdict taken for the plaintiff at the circuit, subject to the opinion of the court. The complaint alleged that the defendant, on the 4th day of October, 1851, at Lima, in the county of Livingston, made his promissory note in writing, dated that day, in the words following, viz: “ $340. Due Anthony Yorks, or bearer, three hundred and forty dollars, for value received, with interest, at Leicester’s office in Rochester. Samuel Spencer. October 4, 1851.” And then and there delivered the same to Anthony Yorks; that the said Anthony Yorks afterwards, and on the 5th day of…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The instrument upon which this action is brought is a promissory note, within the statute. (Kimball v. Huntington, 10 Wend. 675. Russell v. Whipple, 2 Cow. 536.) Being- payable at no specified time after date, like a note payable on demand, the maker was not entitled to any days of grace. (Story on Bills of Ex. § 342. Chitty on Bills, 410.) By its own express terms and legal effect it was due and payable immediately, and the statute of limitations would run, upon it, from its date. (8 John. 189, 374. 15 Wend. 308. 3 Denio, 12. 13 id. 201.) The .holder Yorks…
2Cases cited8 opinions
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