Bigelow v. Libby
This text of 117 Mass. 359 (Bigelow v. Libby) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The note in suit is not of the nature of a common promissory note payable on demand, upon which the bringing of an action would be a sufficient demand, and the cause of action would accrue as soon as the note was made. It is a deposit note, by which the maker, in consideration of a policy of insurance issued to him, promises to pay to the insurance company or its treasurer the whole or any part of the note when required; the defendant was not bound to pay any part of the note untu the company required him and other makers of similar notes to do so i and the statute of limitations did not begin to run before the laying of an assessment. Long Pond Ins. Co. v. Houghton, 6 Gray, 77. Appleton Ins. Co. v. Jesser, 5 Allen, 446.
Exceptions overruled.
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Cite This Page — Counsel Stack
117 Mass. 359, 1875 Mass. LEXIS 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bigelow-v-libby-mass-1875.