Massachusetts Supreme Judicial Court, 1875

Bigelow v. Libby

Bigelow v. Libby
Massachusetts Supreme Judicial Court · Decided March 31, 1875 · Gray
117 Mass. 359; 1875 Mass. LEXIS 238

Bigelow v. Libby

Opinion of the Court

Gray, C. J.

The note in suit is not of the nature of a common promissory note payable on demand, upon which the bringing of an action would be a sufficient demand, and the cause of action would accrue as soon as the note was made. It is a deposit note, by which the maker, in consideration of a policy of insurance issued to him, promises to pay to the insurance company or its treasurer the whole or any part of the note when required; the defendant was not bound to pay any part of the note untu the company required him and other makers of similar notes to do so i and the statute of limitations did not begin to run before the laying of an assessment. Long Pond Ins. Co. v. Houghton, 6 Gray, 77. Appleton Ins. Co. v. Jesser, 5 Allen, 446.

Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.