Chase v. Evoy
Cases that cite this one
3 later published cases cite this decision.
- Bacon v. Bacon (Cal. 1907)
- In re the Estate of Jessup (Cal. 1889)
- Greenfield v. People (N.Y. 1878)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.