Bigelow v. Libby

Massachusetts Supreme Judicial Court
Bigelow v. Libby, 117 Mass. 359 (Mass. 1875)
1875 Mass. LEXIS 238
Gray

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.

Reference

Full Case Name
George T. Bigelow & others v. Stillman H. Libby
Cited By
4 cases
Status
Published