Hibernia Savings & Loan Society v. O'Grady (1874) · DecisionDepot

Hibernia Savings & Loan Society v. O'Grady

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1874 No. No. 4,117Published

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Holding. An action on a promissory note brought more than four years after the date of maturity is barred by the statute of limitations, regardless of whether a Sunday is counted within that period.

Issues

Whether an action on a note commenced more than four years after it became due is barred by the statute of limitations.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“The plaintiff had full four years to bring its action after the note became payable, but no more.”

“An action commence^ on the first of March, 1873, was, therefore, too late”

Synopsis

Statute of Limitations on Note.—A note given on the 29th day of February, 1888, due twelve months after date falls due on the 27th day of February, 1809, and it is too late to commence an action on it on the 1st day of March, 1873, even if the last day of February, 18G9, is Sunday.

By the Court: The note on which this action was brought became due on the twenty-seventh of February, 1869. The plaintiff had full four years to bring its action after the note became payable, but no more. An action commence^ on the first of March, 1873, was, therefore, too late; and this, whether the Sunday which was the day that immediately succeeded the day on which the note became due, be or not considered a portion of the four years limitation.

Judgment reversed, and cause remanded with directions to render judgment for the defendants.

Hibernia Savings & Loan Society v. O'Grady

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