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3 Cal. 260

Wilcombe v. Dodge

California Supreme Court

Decided October 15, 1853

California Supreme Court · decided 1853-10-15

This suit was brought to recover the amount of a promissory note made by defendants to plaintiff—dated March 15, 1852, for $3034—payable fifteen days from date. The execution of the note was admitted.

Good law ✅— No negative treatment on recordhow we know

Decided 1853-10-15

How this case has been cited

Cited by 4 later decisions — most recently May 1897

4 state decisions

2018531860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Heydenfeldt, Justice,

¶1delivered the opinion of the court. Murray, Chief Justice, concurred.

¶2It is contended that suit may be brought on a promissory note on the day it becomes due, and several authorities have been cited which have so determined. We prefer adhering to the reasonable rule, which has been long established, that the payee has all of the day on which the note falls due, in which to pay it, and therefore that a suit commenced on that day is premature. The cases which decide otherwise subvert the general principle of law, for the seeming purpose of remedying particular cases of hardship.

¶3We are satisfied that a departure from a reasonable and well-settled doctrine, is productive of too much harm in the future to authorize us to adopt it, howsoever much it may be merited in a given case.

¶4Judgment reversed.

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