Crofoot v. Thatcher
Utah Supreme Court
Appeal from tbe First District Court, Cache County, Hon C. H. Hart, Judge. Action by plaintiff as the duly appointed receiver of the. Omaha Fire Insurance Company, against defendants on a promissory note, payable on demand, alleged to have been made under and by virtue of Sec. 3, Chap. 43, Compiled Laws of Nebraska, as set forth in the complaint. Defendants interposed and demurred- under the provisions of Subdivision 2 of Sec. 2875, Lev.
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Appeal from tbe First District Court, Cache County, Hon C. H. Hart, Judge. Action by plaintiff as the duly appointed receiver of the. Omaha Fire Insurance Company, against defendants on a promissory note, payable on demand, alleged to have been made under and by virtue of Sec. 3, Chap. 43, Compiled Laws of Nebraska, as set forth in the complaint. Defendants interposed and demurred- under the provisions of Subdivision 2 of Sec. 2875, Lev. Stat. 1898, and also Sec. 314, C. L. U. 1888 and Sec. 3143 C. L. TL 1888. The demurrer was sustained, and plaintiff, electing to stand upon his complaint, a…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinorMinor, J.
Under the issue raised in this case, it is necessary to determine whether the laws of Utah or the laws of Nebraska govern and control in this case. It is conceded that the statute of limitations falls within the remedy, and the law of Utah controls in so far as the remedy is concerned as applied to an existing and enforci-ble cause of action. When the cause of action in fact arose, or whether or not any cause of action ever existed, or now exists, against the respondent, is not of the remedy, but of the right, and therefore is to be controlled by the law of the State…
3Cases cited22 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Sawyer v. HoagSupreme Court of the United States · 1873
- Hawkins v. GlennSupreme Court of the United States · 1889
- Hatch v. DanaSupreme Court of the United States · 1880
- Lowry v. . InmanNew York Court of Appeals · 1871
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4Cited by17 opinions
- Mountain Fuel Supply, a Utah Corporation, and Cna Insurance Company v. Reliance Insurance CompanyCourt of Appeals for the Tenth Circuit · 1991
- American National Fire Insurance Co. v. Farmers Insurance ExchangeUtah Supreme Court · 1996
- Fed. Sec. L. Rep. P 98,680 Dale B. Loveridge and Owen W. Johnson v. Verne E. Dreagoux, Archie D. Burton, Max Hogan, Everett DahlCourt of Appeals for the Tenth Circuit · 1982
- Records v. BriggsCourt of Appeals of Utah · 1994
- Tyler v. Dane CountyDistrict Court, W.D. Wisconsin · 1923
12 more not listed; retrieve them via the Exa API.