Thompson v. Cheesman
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. Hon. M. L. Ritchie, Judge. Action by James Thompson against M. J. Cheesman. On the death of plaintiff, Frank Thompson, executor, and Joseph R. Lane, administrator, were substituted as parties plaintiff. From the judgment, plaintiffs appeal.
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Appeal from the Third district court, Salt Lake county. Hon. M. L. Ritchie, Judge. Action by James Thompson against M. J. Cheesman. On the death of plaintiff, Frank Thompson, executor, and Joseph R. Lane, administrator, were substituted as parties plaintiff. From the judgment, plaintiffs appeal. On the 25th day of July, 1894, the late James Thompson filed in the court below his complaint against John J. Snyder, Laura D. Snyder, his wife, M. J. Cheesman, and Mary A. Cheesman, his wife, in which he alleged that John J. Snyder executed to William Glassman three promissory notes, bearing date…
1Opinion of the Court
Zane, O. J.
(after stating the case):
The principal question presented for our decision upon this appeal is: Was the recovery of the deficiency judgment asked by the plaintiffs against the defendant Chees-man barred by the statute of limitations? The promissory notes held by plaintiffs, and the mortgages securing them, on the land conveyed to Cheesman, became due on the 25th day of January, 1891, and this suit was not commenced until July 25, 1894 (three years and six months thereafter). An action upon a contract, obligation, or liability not founded upon an instrument in writing, if not…
2Cases cited11 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Burr v. . BeersNew York Court of Appeals · 1861
- Hendrick v. LindsaySupreme Court of the United States · 1876
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Farley v. ClevelandNew York Supreme Court · 1825
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3Cited by18 opinions
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- Donaldson v. GrantUtah Supreme Court · 1897
- Montgomery v. RiefUtah Supreme Court · 1897
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