Ferrier v. McCabe
Supreme Court of Minnesota
Action in the district court for Olmsted county to recover $75 upon a promissory note. Erom an order sustaining defendant’s demurrer to the complaint, Snow, J., plaintiff appealed.
1Opinion of the CourtHolt, J.
The complaint declared upon a promissory note executed in this state on July 12, 1880, due in five months thereafter, and upon *343which a small partial payment was made January 22, 1881. The court sustained a demurrer thereto, without giving the privilege to amend, and plaintiff appeals.
It clearly appeared upon the face of the complaint that, after the right of action accrued, more than 30 years elapsed before suit. It was early held that, when it clearly appears from the complaint that the cause of action is barred by the statute of limitations, a general demurrer will lie, and that even on…
2Cases cited24 opinions
- State v. GutSupreme Court of Minnesota · 1868
- Burrus v. CookSupreme Court of Missouri · 1908
- Cal. Safe Deposit & Tr. Co. v. Sierra Valleys Ry.California Supreme Court · 1910
- Humphrey v. CarpenterSupreme Court of Minnesota · 1888
- Thornton v. JacksonSupreme Court of Georgia · 1907
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brictson v. WoodroughCourt of Appeals for the Eighth Circuit · 1947
- State v. TupaSupreme Court of Minnesota · 1935
- Moe v. ShafferSupreme Court of Minnesota · 1921
- Riley v. Mankato Loan & Trust Co.Supreme Court of Minnesota · 1916
- McKitrick v. Travelers Equitable Insurance Co.Supreme Court of Minnesota · 1928
3 more not listed; retrieve them via the Exa API.