Chase v. Evoy
California Supreme Court
Chase v. Evoy, 49 Cal. 467 (Cal. 1875)
Rhodes
Chase v. Evoy
Opinion of the Court
The note in suit is payable thirty days after its demand. It is not alleged in the complaint that demand of payment was made either of the intestate or of the administratrix. That averment is essential, for no cause of action would arise until thirty days had elapsed after the demand.
The presentation to the administratrix of the plaintiffs claim for the amount of the note, is not in any sense a demand of payment.
Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint.
Reference
- Full Case Name
- JANE E. CHASE v. MARY J. EVOY, Administratrix of the Estate of JOHN EVOY
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Note Payable Thirty Days after Demand.—When a promissory note is made payable thirty days after demand, no cause of action arises on the note until thirty days after a demand of payment. Idem.—If the maker of such note dies before demand of payment is made, a presentation of the note to his administrator for allowance as a claim against the estate, is not a demand of payment.