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Bigelow v. Libby
117 Mass. 359
Mass.
1875
Check Treatment
Gray, C. J.

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.

Case Details

Case Name: Bigelow v. Libby
Court Name: Massachusetts Supreme Judicial Court
Date Published: Mar 31, 1875
Citation: 117 Mass. 359
Court Abbreviation: Mass.
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