Howland v. . Edmonds
New York Court of Appeals
Appeal from the Supreme Court. Action to recover the amount of a promissory note made by the defendants’ testator, in the following words: “For value received, in policy Ho. 256, dated October 27, 1849, issued by the Hew York -Protection Fire Insurance Company, I promise to pay the said company, or their treasurer for the time being, the sum of five hundred and eighty dollars, in such portions, and at such time or times as the directors of said company may, agreeably to…
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Appeal from the Supreme Court. Action to recover the amount of a promissory note made by the defendants’ testator, in the following words: “For value received, in policy Ho. 256, dated October 27, 1849, issued by the Hew York -Protection Fire Insurance Company, I promise to pay the said company, or their treasurer for the time being, the sum of five hundred and eighty dollars, in such portions, and at such time or times as the directors of said company may, agreeably to their act of incorporation, require.” The insurance company mentioned in the note was organized pursuant to the-general act…
1Opinion of the CourtDenio, J.
The general principles involved in this question are very well established. A note payable by its terms, on demand, may be prosecuted immediately, the suit itself being a sufficient demand; and if any other similar expression be used, as on request, or, on being called on, the law is the same, and no demand before suit brought is necessary. (Wenman v. The Mohawk Insurance Company, 13 Wend., 267; Norton v. Ellam, 2 Mees. & Welsb., 461; Waters v. Thanet, 2 Adolph. & Ellis, N. S., 757.) Ón the other hand, if the defendants’ liability depends upon the performance of a condition precedent, it is…
2Cases cited10 opinions
- Oswego Starch Factory v. . DollowayNew York Court of Appeals · 1860
- Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
- President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
- Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
- White v. . HaightNew York Court of Appeals · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Palmer v. PalmerMichigan Supreme Court · 1877
- Carr v. . CarrNew York Court of Appeals · 1873
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
- McMullen v. . RaffertyNew York Court of Appeals · 1882
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