Chick v. Willetts
Supreme Court of Kansas
Error from Shawnee County. Tho facts of the case appear in tlio opinion of the Court sufficiently to present the points therein decided. 1st. Tho note sued upon was entitled to days of grace, and the Court should have so charged. 2d. Tlie Court erred in charging the-jury that the plaintiff’s right of action Avas barred by the limitation of two years. AvM c& Auld v. Putoher do Putoher, Mss., Sup. Ct., Kan., Cobb, C. Ps opinion. \_Supra 135.] 3d.
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Error from Shawnee County. Tho facts of the case appear in tlio opinion of the Court sufficiently to present the points therein decided. 1st. Tho note sued upon was entitled to days of grace, and the Court should have so charged. 2d. Tlie Court erred in charging the-jury that the plaintiff’s right of action Avas barred by the limitation of two years. AvM c& Auld v. Putoher do Putoher, Mss., Sup. Ct., Kan., Cobb, C. Ps opinion. \_Supra 135.] 3d. Tlie new promise in writing took the cause out of the Statute, and being a Kansas contract, the two year act did not apply. Id. 18 Gal. —; 11 Wheat.…
1Opinion of the Court
By the Court,
Crozikr, O. J.
Two questions are presented by tho record: First, Which law, the twentieth section of the code, or the second section of the “ amendatory act,” prescribes tho limitation ; and Second, When an action upon a promissory note, secured by a mortgage on real estate, is barred by the statute of limitations, has the mortgagee any remedy upon the mortgage ? These are the facts: On the sixth day of April, 1858, at Kansas City, in the State of Missouri, the defendant executed to the plaintiffs his promissory note, payable one day after date. Afterwards, and on tho 12th day of…
2Cited by32 opinions
- Brenner v. BigelowSupreme Court of Kansas · 1871
- Bullene v. HiattSupreme Court of Kansas · 1873
- Brooke v. StruthersMichigan Supreme Court · 1896
- Lilly v. DunnIndiana Supreme Court · 1884
- Misco Industries, Inc. v. Board of County CommissionersSupreme Court of Kansas · 1984
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