Palmer v. Shaw
California Supreme Court
Appeal from the Twelfth District. The facts appear in the opinion of the Court. The note was dated April 7th, 1855. The complaint averred, among other things, that from the date of the note to February 14th, 1857, defendant was absent from this State. Defendant had judgment. Plaintiff appeals.
1Opinion of the CourtCope, J.
Field, C. J. concurring.
This is an action upon a promissory note executed^ in the State of New York. The note was due on the first of January, 1856, and the suit was commenced on the eighth of January, 1859. The defense is the Statute of Limitations. The defendant was not in this State when the cause of action accrued, but arrived here on the twenty-eighth of March, 1856, and remained until the twentieth of June, from which time he was absent until the fourteenth of February, 1857. The plaintiff resided in New York, and was fully informed of the movements of the defendant. There was some…
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