BILLS AND NOTES-LIMITATION OF ACTIONS-RUNNING OF THE STATUTE OF LIMITATIONS AGAINST THE HOLDER OF A CHECK

Authors

Gordon I. Ginsberg, University of Michigan Law SchoolFollow

Abstract

Defendant issued a check to plaintiff's intestate on July 1, 1942 for services rendered. On April 21, 1943, the payee deposited the check in her bank, but it was returned to her uncollected because the bank on which it was drawn refused to make payment on account of its "stale" date. Nothing further was done to enforce payment of the check during the payee's lifetime, and she died on September 20, 1948. This action on the check was brought by her administrator on July 28, 1949. On appeal from a judgment for plaintiff, held, the action is barred by the statute of limitations. Being a demand instrument, the action should have been commenced within six years from the date of issue, by July 1, 1948. Farrell v. City of New York, (N.Y. 1950) 98 N.Y.S. (2d) 56.

Recommended Citation

Gordon I. Ginsberg, BILLS AND NOTES-LIMITATION OF ACTIONS-RUNNING OF THE STATUTE OF LIMITATIONS AGAINST THE HOLDER OF A CHECK, 49 Mich. L. Rev. 622 (1951).
Available at: https://repository.law.umich.edu/mlr/vol49/iss4/10