Chase v. Evoy
Before: Rhodes
Synopsis
Note Payable Thirty Days after Demand.—When a promissory note is made payable thirty days after demand, no cause of action arises on the note until thirty days after a demand of payment.
Idem.—If the maker of such note dies before demand of payment is made, a presentation of the note to his administrator for allowance as a claim against the estate, is not a demand of payment.
By the Court, Rhodes, J.: The note in suit is payable thirty days after its demand. It is not alleged in the complaint that demand of payment was made either of the intestate or of the administratrix. That averment is essential, for no cause of action would arise until thirty days had elapsed after the demand.
The presentation to the administratrix of the plaintiffs claim for the amount of the note, is not in any sense a demand of payment.
Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)