Public-domain · open source
OpenJurist

8 Johns. 374

Herrick v. Bennett

New York Supreme Court

Decided October 15, 1811

New York Supreme Court · decided 1811-10-15

THIS was an action of assumpsit on a promissory note. The first count of the plaintiff’s declaration stated, that defendant, on the 25th May, 1809, at, &c. made his certain promissory note in writing, subscribed, &c. and 1 u then and there delivered the same to the plaintiff, by which said note the defendant promised to pay to the piajntjff5 or order, 112 dollars and 53 cents.

Good law ✅— No negative treatment on recordhow we know

Decided 1811-10-15

How this case has been cited

Cited by 3 later decisions — most recently April 1867

3 state decisions

10181118201830184018501860decided

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.

View the full empirical analysis of this case →

Per Curiam.

¶1It is to be presumed that the plaintiff has stated the note, in his declaration," according to the terms of it, and that is sufficient. The conclusion of the law is, that where no time of payment is specified in a *375note, it is payable immediately. The first count, then, . ' . shows a cause of action, and the plaintiff is entitled to Judgment.

¶2Judgment for the plaintiff.

/8/johns/374 · .json · Public domain