Black v. Ross
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. B. 3?. Birdsall, Judge. Action on a promissory note of sixty dollars, with interest at the rate of 10 per cent, per annum, executed by the defendant to R. B. Lowery, March 4, 1886, and payable on or before January 1, 1887. It was assigned to James W. Black in 1887, who became insane April 1, 1896. The plaintiff was appointed his guardian June 8, 1897, and began this action November 3, 1897. The defendant demurred on -the ground that…
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Appeal from Boone District Court. — Hon. B. 3?. Birdsall, Judge. Action on a promissory note of sixty dollars, with interest at the rate of 10 per cent, per annum, executed by the defendant to R. B. Lowery, March 4, 1886, and payable on or before January 1, 1887. It was assigned to James W. Black in 1887, who became insane April 1, 1896. The plaintiff was appointed his guardian June 8, 1897, and began this action November 3, 1897. The defendant demurred on -the ground that the petition on its face showed ■the action to be barred by the statute of limitations. The demurrer was sustained, and,…
1Opinion of the CourtLadd, J.
After the statute of limitations once commences to run, it is not tolled by the subsequent disability of him, in whose favor the cause of action exists; or, as tersely put in Cotterel v. Dutton, 4 Taunt. 828: “When once the statute begins to run, nothing stops it.”’ Allis v. Moore, 2 Allen, 306; Oliver v. Pullam, C. C. 24 Fed. Rep. 127; Clark’s Ex’r, v. Trail’s Admr’s, 1 Metc. (Ky.) 35; Adamson v. Smith, 2 Mill. Const. 269, 12 Am. Dec. 669; Doyle v. Wade, 23 Fla. 90 (11 Am. St. Rep. 342, and note, s. c. 1 South Rep. 516); Kistler v. Hereth, 75 Ind. 177 (39 Am. St. Rep. 131, and note; Faysoux…
2Cases cited6 opinions
- McDonald v. HoveySupreme Court of the United States · 1884
- Doyle v. WadeSupreme Court of Florida · 1887
- Bradstreet v. ClarkeNew York Supreme Court · 1834
- White v. LatimerTexas Supreme Court · 1854
- Kistler v. HerethIndiana Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bowie v. TrowbridgeSupreme Court of Iowa · 1912
- Roelefsen v. City of PellaSupreme Court of Iowa · 1903
- Mereness v. First National BankSupreme Court of Iowa · 1900
- Claim of Hemmy v. HoenigSupreme Court of Iowa · 1941
- Hanson v. GallagherSupreme Court of Iowa · 1912
3 more not listed; retrieve them via the Exa API.