Legal Opinion

Application of Church

Colorado Court of Appeals

Decided January 16, 1992No. 90CA2149PublishedCited by 12 opinions

1Opinion of the Court

Opinion by

Judge TURSI.

The primary issue requiring our determination on appeal is the time at which the applicable statute of limitations begins to run when the holder of an installment debt accelerates the maturity date of the entire obligation after default by commencing an action to foreclose the underlying security. The trial court held that because the applicants, Myrtle M. and Vaughn D. Church, did not previously exercise their option to accelerate the maturity date of the obligation, the statute of limitations runs against each installment from the day it becomes due. We agree.

The…

2Cases cited6 opinions

  1. Martinez v. Continental EnterprisesSupreme Court of Colorado · 1986
  2. Lovell v. GossSupreme Court of Colorado · 1909
  3. Honn v. National Computer Systems, Inc.Supreme Court of Minnesota · 1981
  4. Currigan v. StoneSupreme Court of Colorado · 1957
  5. First National Bank v. ParkSupreme Court of Colorado · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Hassler v. Account Brokers of Larimer County, Inc.Supreme Court of Colorado · 2012
  2. Curragh Queensland Mining Ltd. v. Dresser Industries, Inc.Colorado Court of Appeals · 2002
  3. Bauers v. City of LincolnNebraska Supreme Court · 1994
  4. Geiger v. American Standard Ins. Co.Colorado Court of Appeals · 2008
  5. Curtis v. CounceColorado Court of Appeals · 2001

7 more not listed; retrieve them via the Exa API.

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