Utah National Bank v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Addison B. Jones, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of May, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to the defense contained in th.e defendant’s answer.
1Opinion of the Court
McLaughlin, J.:
Tills action was brought to recover the amount of a promissory note executed and delivered in the State of Utah, and by its terms made payable there.
The defendant pleaded the Statute of Limitations, alleging for that purpose that at the time of the commencement of the action, and for two years immediately prior thereto, he was a resident of the State of California; that by sections 335 and 339 of the Code of Civil Procedure, of that State, an action founded upon an instrument in writing executed out of the State must be commenced within two years from the time when the cause of…
2Cited by3 opinions
- Paraffine Oil Co. v. CruceSupreme Court of Oklahoma · 1916
- Kirsch v. LubinNew York Supreme Court · 1927
- Olsen v. Singer Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1911