Bauserman v. Blunt
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE . DISTRICT OF KANSAS. This ivas an action brought February 13, 1886, in a court of the State of Kansas, by Elbridge G-. Blunt, a citizen of Illinois, against Bau'serman, a citizen of Kansas, and administrator of James G. Blunt, deceased, upon a promissory note for $3204.34, made ,by James G. Blunt at Chicago, Illinois, July 1, 187.5, and payable to Elbridge G. Blunt in one day after date, with interest annually at the…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE . DISTRICT OF KANSAS. This ivas an action brought February 13, 1886, in a court of the State of Kansas, by Elbridge G-. Blunt, a citizen of Illinois, against Bau'serman, a citizen of Kansas, and administrator of James G. Blunt, deceased, upon a promissory note for $3204.34, made ,by James G. Blunt at Chicago, Illinois, July 1, 187.5, and payable to Elbridge G. Blunt in one day after date, with interest annually at the rate of ten per cent. The petition, after setting forth the making of the note at the time and place aforesaid, alleged…
1Opinion of the Court
M®. Justice Gray,
after stating the .case, delivered the opinion of the court.
This is an action oh a promissory note. The defence is the statute of limitations. The note was payable July 2, 1875’. The debtor died in July, 1881. An administrator of his estate was appointed and qualified December 14, 1885. The action was brought February 13, 1886.
By the statute of limitations of Kansas, an action upon any agreement, contract or promise in writing must be brought within five years after the cause of action accrues; but it is provided that “ if when a cause of action accrues against a person, he…
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