Legal Opinion

Farr v. Durant

Wisconsin Supreme Court

Decided May 15, 1895PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Wauke-sha county: A. Scott Sloan, Circuit Judge. Action against John and William Durant, as joint and several makers of a promissory note to the plaintiff for $800, dated January 6, 1885, payable one year after its date, with interest at eight per cent, per annum. The plaintiff •claimed judgment for $800, with interest from January 6, 1894, up to which time he conceded the interest had been paid.

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Appeal from a judgment of the circuit court for Wauke-sha county: A. Scott Sloan, Circuit Judge. Action against John and William Durant, as joint and several makers of a promissory note to the plaintiff for $800, dated January 6, 1885, payable one year after its date, with interest at eight per cent, per annum. The plaintiff •claimed judgment for $800, with interest from January 6, 1894, up to which time he conceded the interest had been paid. The defendant John Dwrant relied on the statute of limitations of six years. Upon trial before a jury, it appeared that the defendants both resided in…

1Opinion of the CourtPinney, J.

The case turns upon the proper effect to be .given to tbe second exception to tbe running of tbe statute, contained in sec. 4231, R. S., namely: “ If after a cause of action shall bave accrued against any person be shall depart from and reside out of this state, tbe time of bis absence shall not be deemed or taken as any part of tbe time hmited for the commencement of such action.” Tbe statute is a very plain one, and effect should be given to it according to its natural and obvious meaning. It seems clear that mere absence from tbe state is not sufficient to create an exception or interrupt…

2Cases cited5 opinions

  1. Barney v. OelrichsSupreme Court of the United States · 1891
  2. Drew v. DrewSupreme Judicial Court of Maine · 1854
  3. Pells v. SnellIllinois Supreme Court · 1889
  4. Ford v. BabcockThe Superior Court of New York City · 1849
  5. Hall v. NasmithSupreme Court of Vermont · 1856

3Cited by3 opinions

  1. Killingstad v. MeigsWisconsin Supreme Court · 1911
  2. Murphy v. BurnsWisconsin Supreme Court · 1934
  3. Spellbrink v. BrambergWisconsin Supreme Court · 1944

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