John Shillito Co. v. Richardson
Court of Appeals of Kentucky
Case 9 — PETITION ORDINARY APPEAR PROM MASON CIRCUIT COURT. 1. In cases where both parties are non-residents of this State and the cause of action accrued in another State, only the statute of limitations of that State may be plead, and, our courts will be governed by that statute and not by that of Kentucky. 4 Ky. Law Rep., 357, 422; 1ST. W. (M. L. Ins. Co. v. Lowry, 14 K. L. R., 600; 13 Ky. Law Rep., 205; First Nat. Bank v. Thomas, 8 K. L. R.,. 690; 7 Ky. Law Rep., 631.
1Opinion of the Court
JUDGE GUFFY
delivered the opinion oe the court.
The appellant instituted suit in the Mason Circuit 'Court seeking to enforce the collection of a claim of $313.23 against the appellee, ¡W. H. Richardson. It seems that the debt sued on was created in 1878: It also appears that appellee Richardson was a non-resident of Kentucky, but he filed an answer and pleaded and relied upon the statute of limitations of this State as a bar to appellant’s claim. The appellant in its reply alleged that it and its assignor ahd the appellee were all citizens of the State of Ohio at the time of the creation and…
2Cases cited1 opinion
- Labatt v. SmithCourt of Appeals of Kentucky · 1886
3Cited by15 opinions
- Bruner v. MartinSupreme Court of Kansas · 1907
- Gibson v. WomackCourt of Appeals of Kentucky (pre-1976) · 1927
- Louisville & Nashville Railroad v. BurkhartCourt of Appeals of Kentucky · 1913
- West v. TheisIdaho Supreme Court · 1908
- Donald L. Atkins v. Schmutz Manufacturing Co., Inc.Court of Appeals for the Sixth Circuit · 1967
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