West v. Theis
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. . Action by the plaintiff to recover the principal and interest on four promissory notes. Judgment for defendant on the plea of the bar of the statute of limitations. Plaintiff appeals.
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APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. . Action by the plaintiff to recover the principal and interest on four promissory notes. Judgment for defendant on the plea of the bar of the statute of limitations. Plaintiff appeals. Under statutes the same as our secs. 4069 and 4079, Rev. Stat., the highest courts of Montana, Oklahoma and California, in cases identical on the facts and involving this precise question, have held that this statute has reference only to the statute of limitations of the place where the contract was…
1Opinion of the CourtAilshie, C. J.
The question to be determined in this case is: Where a debtor executed a promissory note in the state of Kansas and agreed to pay the same at a specified time and place within that state, and who thereafter removed to the state of Washington and resided there until the bar of the statute of limitations of that state had run against the right of action on the contract, and the debtor thereafter came into the state of Idaho and was sued upon the obligation, can he here plead the bar of the statute of limitations of the state of Washington?
The trial court held that the plea of the statute of…
Also in this document: Concurrence.
2Cases cited23 opinions
- McKee v. DoddCalifornia Supreme Court · 1908
- L. F. Wilson & Co. v. DaggettTexas Supreme Court · 1895
- Snoddy v. CageTexas Supreme Court · 1849
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
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3Cited by17 opinions
- Miller v. Stauffer Chemical Co.Idaho Supreme Court · 1978
- Meekison v. GroschnerOhio Supreme Court · 1950
- Farthing v. SamsSupreme Court of Missouri · 1922
- Merchants & Planters National Bank of Sherman v. AppleyardSupreme Court of North Carolina · 1953
- Van Deren v. LorySupreme Court of Florida · 1924
12 more not listed; retrieve them via the Exa API.