Hibernia Savings & Loan Society v. O'Grady
California Supreme Court
Hibernia Savings & Loan Society v. O'Grady, 47 Cal. 579 (Cal. 1874)
Hibernia Savings & Loan Society v. O'Grady
Opinion of the Court
The note on which this action was brought became due on the twenty-seventh of February, 1869. The plaintiff had full four years to bring its action after the note became payable, but no more. An action commence^ on the first of March, 1873, was, therefore, too late; and this, whether the Sunday which was the day that immediately succeeded the day on which the note became due, be or not considered a portion of the four years limitation.
Judgment reversed, and cause remanded with directions to render judgment for the defendants.
Reference
- Full Case Name
- THE HIBERNIA SAVINGS AND LOAN SOCIETY v. THOMAS O'GRADY and his wife JOHANNA O'GRADY
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Statute of Limitations on Note.—A note given on the 29th day of February, 1888, due twelve months after date falls due on the 27th day of February, 1809, and it is too late to commence an action on it on the 1st day of March, 1873, even if the last day of February, 18G9, is Sunday.