Legal Opinion

Lane v. National Bank

Supreme Court of Kansas

Decided January 15, 1870PublishedCited by 15 opinions

Error from Douglas District Court. Action against the plaintiff in error, as administratrix 'of the estate of James H. Lane. The petition stated that the said J. IT.

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Error from Douglas District Court. Action against the plaintiff in error, as administratrix 'of the estate of James H. Lane. The petition stated that the said J. IT. L., for his own use and benefit, caused a promissory note to be executed .and indorsed, at the place and date stated therein, and delivered to defendant in error, in words as follows : “Washington, L. C., Feb’y 20th, 1865. “ On demand after date I promise to pay to the order of J. B. Hutchinson, cashier, thirty-eight hundred dollars, value received, with interest. Richard Dunbar.” Indorsed on the back — “ J. II: L e.” The…

1Opinion of the Court

*79The opinion of the court was delivered by

Safford, J.:

i. Limitation of ACTIONS- Ab-&omet°iie sS, Sesfsiiffioie'nt of the statute. The note sued upon in' this case was executed beyond the limits of the State, and bore date of February 20th, 1865, due upon demand. Suit J 7 Jr was commenced Sept. 2, 1867. The record shows that on the trial in the court below, the qefen¿ant relied upon the two-years statute of limitation. Comp. L. 1862, ch. 27, §2. The plaintiff, in reply to this defense, interposed the claim, that during the time which had elapsed since the accruing of the cause of action, and…

2Cited by15 opinions

  1. Merryfield v. SullivanSupreme Court of Kansas · 2015
  2. Anthes v. AnthesIdaho Supreme Court · 1912
  3. Williams v. Metropolitan Street-railway Co.Supreme Court of Kansas · 1903
  4. Larkin v. WilsonSupreme Court of Kansas · 1882
  5. Gibson v. SimmonsSupreme Court of Kansas · 1908

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