Legal Opinion

State Bank of West Pullman v. Pease

Wisconsin Supreme Court

Decided April 8, 1913PublishedCited by 7 opinions

Appeal from a judgment of tbe circuit court for Sauk county: E. Ray Steven's, Circuit Judge. Action to recover on a demand promissory note, dated April 22, 1904, made in Illinois and by its terms made payable there, defendants being joint makers. At such date defendants resided in Illinois. Soon thereafter they removed to Wisconsin.

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Appeal from a judgment of tbe circuit court for Sauk county: E. Ray Steven's, Circuit Judge. Action to recover on a demand promissory note, dated April 22, 1904, made in Illinois and by its terms made payable there, defendants being joint makers. At such date defendants resided in Illinois. Soon thereafter they removed to Wisconsin. There was a payment by defendant Yerne S. Pease within six years after such date and the six years preceding the commencement of this action, which was December 8, 1910. The six-year statute of limitations of this state was pleaded. The ten-year statute of…

1Opinion of the Court

The following opinion was filed January 28, 1913:

Marshall, J.

If the place of a contract is in one state and an action to enforce it is brought in another, does the statute of limitations of the former apply? Counsel for appellant hold the affirmative. If they are right the judgment is wrong. The trial court held that the law of' the forum governs.

Counsel make the mistake of supposing that the statute of limitations of the place of a contract falls within the doctrine that a contract is governed by the lex loci contractus. Such is not the case. It bears on the remedy and, in many…

2Cases cited2 opinions

  1. Hite v. KeeneWisconsin Supreme Court · 1912
  2. Arp v. Allis-Chalmers Co.Wisconsin Supreme Court · 1907

3Cited by7 opinions

  1. Brown v. CaseSupreme Court of Florida · 1920
  2. Bishop v. GenzWisconsin Supreme Court · 1933
  3. Bergmann v. RollWisconsin Supreme Court · 1928
  4. Thomas A. Drinan, Etc. v. A. J. Lindemann & Hoverson Co.Court of Appeals for the Seventh Circuit · 1956
  5. Zuehlke v. EngelWisconsin Supreme Court · 1938

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