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TITLE | Supreme Court en banc Decision 2009Da48312 Decided May 20, 2010¡¼Value of Promissory Note¡½ [full Text] |
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Summary | |
[1] In case where a bearer of a blank note with the maturity date indicated demanded payment of the value of a promissory note without filling out the blank spaces, whether the tolling of the statute of limitations is effective (affirmative), and in such a case, whether the right to fill out the blank parts may be exercised inasmuch as the claim based on the promissory note persists without extinction by the tolling of the statute of limitations (affirmative) [2] The case holding that the statute of limitations on the claim under a promissory note was tolled inasmuch as a bearer filed a lawsuit claiming for the payment of the value of the promissory note before the running of the three-year statute of limitations from the date of payment of said note, although the bearer of the promissory note with the place of payment and the payee left blank presented it to the issuer for payment after three years have passed from the payment date with the blank spaces filled out |