Brinsmade v. Johnson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The plaintiff’s cause of action was barred by the Statute of Limitations before his suit was filed. Limitations begin to run when the cause of action accrues (R. S. 1909, sec. 1887), and it accrues when the right to institute a suit for its enforcement first arises. Stark Bros. v. Gooding, 175 Mo. App. 353; Frank v. Organ, 167 Mo. App. 493; Rivard v. Mo. Pac.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The plaintiff’s cause of action was barred by the Statute of Limitations before his suit was filed. Limitations begin to run when the cause of action accrues (R. S. 1909, sec. 1887), and it accrues when the right to institute a suit for its enforcement first arises. Stark Bros. v. Gooding, 175 Mo. App. 353; Frank v. Organ, 167 Mo. App. 493; Rivard v. Mo. Pac. Ry., 257 Mo. 135; Gray v. Givens, 26 Mo. 291. When the trustee in the bond mortgage, on August 26,1899, declared the entire issue of bonds and coupons due and…
1Opinion of the Court
NORTONI, J. —
This is a suit on a contract of guaranty assuring the payment of a number of coupons. Plaintiff recovered and defendant prosecutes the appeal.
The petition, in as many counts, declares upon twenty separate coupons, which were originally parcel of bond No. 445 of the Consolidated Elevator Company, duly secured by mortgage on its properties. Defendant admits that he sold the bond with coupons at-tabbed to plaintiff and guaranteed payment, but pleads the Statute of Limitations in defense, in the view that the maturity of the debt was. accelerated by virtue of the precipitation clause…
2Cases cited9 opinions
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Boyd v. BuchananMissouri Court of Appeals · 1914
- Board of Trustees of Westminster College v. PeirsolSupreme Court of Missouri · 1901
- New York Security & Trust Co. v. Lombard Inv. Co.U.S. Circuit Court for the District of Western Missouri · 1896
- Binz v. HyattSupreme Court of Missouri · 1906
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3Cited by7 opinions
- McDown v. WilsonMissouri Court of Appeals · 1968
- Durham v. RascoNew Mexico Supreme Court · 1924
- Casner v. San Diego Trust & Savings BankCalifornia Court of Appeal · 1939
- Wilson v. KirchanWashington Supreme Court · 1927
- St. Louis-Carterville Coal Co. v. Southern Coal & Mining Co.Missouri Court of Appeals · 1916
2 more not listed; retrieve them via the Exa API.