Turner v. Iron Chief Mining Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. The following statement of the case was prepared by Mr. Justice Cassodav: It appears from the record, and is undisputed, that January 10, 1887, the defendant company, for value received, made and executed its promissory note, payable to the defendant Henry M. Benjamin, in the words and figures following, to wit: “$3,508.92. Milwaukee, January 10, 1887. “ On demand, after date, we promise to pay to the order of H. M.…
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APPEAL from the Circuit Court for Milwaulcee County. The following statement of the case was prepared by Mr. Justice Cassodav: It appears from the record, and is undisputed, that January 10, 1887, the defendant company, for value received, made and executed its promissory note, payable to the defendant Henry M. Benjamin, in the words and figures following, to wit: “$3,508.92. Milwaukee, January 10, 1887. “ On demand, after date, we promise to pay to the order of H. M. Benjamin thirty-five hundred and eight 'dollars ■and'92-100 dollars, at Merchants’ Exchange Bank, Milwaukee, Wis., with seven…
1Opinion of the Court
Cássoday, J.
From the undisputed evidence it appears that the demand of payment and notice of protest were made and given more than ten months after the transfer and.indorsement of the note. The law is well settled that a promissory note payable on demand, whether with or without interest, is due forthwith, and an action thereon against the maker is barred by the statute of limitations, if hot brought within the time prescribed by statute after its date. Wheeler v. Warner, 47 N. Y. 519; Howland v. Edmonds, 24 N. T. 307; Burnham v. Allen, 1 Gray, 496; Sylvester v. Crapo, 15 Pick. 92; Taylor’s…
2Cases cited20 opinions
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Wheeler v. . WarnerNew York Court of Appeals · 1872
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Merritt v. . ToddNew York Court of Appeals · 1861
- Curran v. WitterWisconsin Supreme Court · 1887
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3Cited by14 opinions
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