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57 Me. 391

Ware v. Hewey

Supreme Judicial Court of Maine

Decided July 1, 1869

Supreme Judicial Court of Maine · decided 1869-07-01

On Exceptions. Assumpsit on account annexed. The writ was dated July 26, 1868. The plaintiff introduced evidence tending to show that on July-20, 1862, he loaned the defendant the sum of money mentioned in the account annexed to the writ, with an agreement on the part of the defendant that it was “ to be paid when called for and that he called on the defendant for payment of the same in a month or more, after the time of the loan.

Good law ✅— No negative treatment on recordhow we know

Decided 1869-07-01

How this case has been cited

Cited by 6 later decisions — most recently June 1943

1 federal appellate · 5 state decisions

20186918701880189019001910192019301940decided

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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Appleton, C. J.

¶1A promissory note payable on demand is due instantly, and the statute of limitation begins to run from its date. An action may be maintained on a bank-bill payable on demand, but having no place therein appointed for payment, without a special demand. Bryant v. Damariscotta Bank, 18 Maine 240. It makes no difference, though the note be “ on demand, with interest *392after six months,” or to pay “ when demanded, ” or “ whenever called upon to do so.” Rice v. West, 2 Fairf. 323. Young v. Weston, 39 Maine, 492. Kingsbury v. Butler, 4 Verm. 458. Waters v. The Earl of Thanet, 2 Queen’s Bench (42 E. C. L.), 757.

¶2The debt in this case was due when the loan was made. The defendant is in no worse condition than if he had signed a note, payable on demand. By the general current of American authorities, the statute of limitations would, in such case, have commenced running, when the debt was created. Whether the loan was payable on demand, or “ when called for,” can make no diference. It was payable on demand. The statute of limitations is a bar. The exceptions must be overruled.

Cutting, Dickerson, Barrows, and Tapley, JJ., concurred.
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