Douglass v. Sargent
Supreme Court of Kansas
Error from Deavenioorth Distriet Court. Action by Douglass against Sargent & Brother, to. recover $500 with interest from July 15, 1882. The defendants demurred to the petition on the ground that it does not state facts sufficient to constitute a cause of action against them, and because the supposed cause of action is barred by the statute of limitations. ■ At the December Term, 1883, the court sustained the demurrer, and adjudged that defendants go hence without day, and…
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Error from Deavenioorth Distriet Court. Action by Douglass against Sargent & Brother, to. recover $500 with interest from July 15, 1882. The defendants demurred to the petition on the ground that it does not state facts sufficient to constitute a cause of action against them, and because the supposed cause of action is barred by the statute of limitations. ■ At the December Term, 1883, the court sustained the demurrer, and adjudged that defendants go hence without day, and recover of plaintiff their costs. Douglass brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The only question in this case is, whether the due-bill’or written contract executed by the defendants to the plaintiff was barred .by the statute of limitations when the action was begun. It is in the following terms:
“ Leavenworti-i City, October 22d, 1873.
“Due J. C. Douglass five hundred dollars, in brick-work at ten dollars per thousand, measured in the usual way.
[ Signed ] Sargent & Bro.”
No demand was made until July 14, 1882. The action was commenced Nov. 27, 1883, more than ten years after the date of the note, and less than one…
2Cases cited3 opinions
- Palmer v. PalmerMichigan Supreme Court · 1877
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Auld v. ButcherSupreme Court of Kansas · 1879
3Cited by5 opinions
- First National Bank v. LightnerSupreme Court of Kansas · 1906
- Schnug v. SchnugSupreme Court of Kansas · 1969
- Cassity v. CassitySupreme Court of Kansas · 1938
- Wilson v. EvansSupreme Court of Kansas · 1959
- Wooster v. National Bank of AmericaSupreme Court of Kansas · 1934