Legal Opinion

Bishop v. Genz

Wisconsin Supreme Court

Decided June 6, 1933PublishedCited by 8 opinions

1Opinion of the CourtWickhem, J.

This appeal presents two very narrow issues, and the answer to neither is in serious doubt.(1) From what time does the statute of limitations run against a guarantor of payment? It is elementary that a statute of limitations begins to run against a remedy at the time when the cause of action accrues, and that “a cause of action accrues where there exists a claim capable of present enforcement, a suable party against whom it may be enforced, and a party who has a present right to enforce it.” Barry v. Minahan, 127 Wis. 570, 107 N. W. 488. Under the terms of this guaranty a right of action was…

2Cases cited6 opinions

  1. Cross v. AllenSupreme Court of the United States · 1891
  2. Barry v. MinahanWisconsin Supreme Court · 1906
  3. Regan v. WilliamsSupreme Court of Missouri · 1905
  4. Bergmann v. RollWisconsin Supreme Court · 1928
  5. State Bank of West Pullman v. PeaseWisconsin Supreme Court · 1913

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Holifield v. Setco Industries, Inc.Wisconsin Supreme Court · 1969
  2. State Tax Commission v. Spanish ForkUtah Supreme Court · 1940
  3. Lewis v. Paul Revere Life InsuranceDistrict Court, E.D. Wisconsin · 2000
  4. Long v. MatesWisconsin Supreme Court · 1935
  5. Spellbrink v. BrambergWisconsin Supreme Court · 1944

3 more not listed; retrieve them via the Exa API.

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