Lebrecht v. Wilcoxon
Supreme Court of Iowa
Appeal from Scott District Oourt. AotioN upon promissory notes executed in Tennessee in 1859. The defendant ,in his answer alleges that, in 1861, he became a resident of the state of Connecticut where he has ever since resided, and that, by the laws of that state, which are properly pleaded, action upon the notes was barred before the commencement of this suit.
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Appeal from Scott District Oourt. AotioN upon promissory notes executed in Tennessee in 1859. The defendant ,in his answer alleges that, in 1861, he became a resident of the state of Connecticut where he has ever since resided, and that, by the laws of that state, which are properly pleaded, action upon the notes was barred before the commencement of this suit. Plaintiff demurred to the answer on the ground that it is not shown defendant was, at any time, a resident of the state of Iowa, or, in the language of the demurrer, “it is nowhere averred that at any time defendant removed to the…
1Opinion of the CourtBeck, J.
Actions in this state founded on written contracts are barred in ten years. But it is provided, “ when a cause of action'has been fully barred by the laws of any country where the defendant has previously resided, such bar shall be the same defense here as though it had arisen under the provisions of this chapter; but this section shall not apply to causes of actions arising within this state.” Acts Thirteenth Geni. Ass., Chap. 107, § 10. Code, § 2534. The decision of this case turns upon the construction of this provision.
*94Plaintiff’s counsel insist that a defendant is not entitled to plead…
2Cited by2 opinions
- McNamara v. McAllisterSupreme Court of Iowa · 1911
- Smyth v. Peters Shoe Co.Supreme Court of Iowa · 1900