Fletcher v. Spaulding
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP PILLMORE COUNTY. Points and authorities for Appellant. I. When a cause of action has arisen in another State, and a citizen of that State has had such cause of action from the time it accrued, no statute of limitations can be set up as a defence to such action except the statute of the State where it accrued. Pub Sts. Minn., oh. 72, seo. 39, pp. 629-30. * II. Sec. 39, oh. 72, of Pub.
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APPEAL PROM THE DISTRICT COURT OP PILLMORE COUNTY. Points and authorities for Appellant. I. When a cause of action has arisen in another State, and a citizen of that State has had such cause of action from the time it accrued, no statute of limitations can be set up as a defence to such action except the statute of the State where it accrued. Pub Sts. Minn., oh. 72, seo. 39, pp. 629-30. * II. Sec. 39, oh. 72, of Pub. Sts., provides for those special cases which are excepted from the provisions of sec. 3, ch. 60, and in which a different limitation is prescribed from those mentioned in ch '.…
1Opinion of the Court
By the Court
Fladrau, J.
This action was brought upon two promissory notes executed in the State of Massachusetts, one by the Plaintiff Fletcher as surety, and the Defendant Sjiaulding as principal, to the President, Directors and Company of the Fitchburg Bank for $300,-which the Plaintiff was compelled to pay at its maturity, to wit, the 24th day of January, 1853, and the other for $100, executed by the Defendant directly to the Plaintiff, which was due on the 8th day of December, 1853. Several pay*66ments are alleged to have been made on the notes, the consideration of which is unnecessary upon…
2Cases cited3 opinions
- Ruggles v. KeelerNew York Supreme Court · 1808
- Andrews v. HerriotNew York Supreme Court · 1825
- Lincoln v. BattelleNew York Supreme Court · 1831
3Cited by10 opinions
- Farthing v. SamsSupreme Court of Missouri · 1922
- Kirsch v. LubinNew York Supreme Court · 1927
- Fleeger v. WyethSupreme Court of Minnesota · 2009
- Lamberton v. GrantSupreme Judicial Court of Maine · 1901
- Way v. ColyerSupreme Court of Minnesota · 1893
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