Chase v. Evoy

California Supreme Court

Chase v. Evoy

49 Cal. 467

CourtCalifornia Supreme Court

DecidedJuly 1, 1875

DocketNo. 4,406

StatusPublished

Cited by3 cases

This text of 49 Cal. 467 (Chase v. Evoy) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chase v. Evoy, 49 Cal. 467 (Cal. 1875).

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Opinion

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.

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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.

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Bluebook (online)

49 Cal. 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chase-v-evoy-cal-1875.

Opinion

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