Provident Loan Trust Co. v. Wolcott
Court of Appeals of Kansas
Error from Russell District Court. Hon. W. G. Eastland, Judge. In 1890 the plaintiff in error employed the defendant in error, who was a bonded abstracter, to make for it an abstract .of the title to certain real estate upon which the owner, one A. C. Price, solicited a loan. The abstract, purporting to be complete and correct up to and including March 25, 1890, was accordingly prepared and, on that date, delivered ; and the loan was made upon the faith thereof.
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Error from Russell District Court. Hon. W. G. Eastland, Judge. In 1890 the plaintiff in error employed the defendant in error, who was a bonded abstracter, to make for it an abstract .of the title to certain real estate upon which the owner, one A. C. Price, solicited a loan. The abstract, purporting to be complete and correct up to and including March 25, 1890, was accordingly prepared and, on that date, delivered ; and the loan was made upon the faith thereof. Prior to the making of the abstract, suit had been begun in the District Court of Russell County, against Price as surety upon a…
1Opinion of the CourtGilkeson, P. J.
There is but one question necessary to be considered: Was the action barred by the Statute of Limitations? The plaintiff in error contends that the cause of action is one upon “ an agreement, contract or promise in writing,'' and governed by the first subdivison of paragraph 4095, General Statutes of 1889, being section 18 of the Code ; or that it is an action upon a bond “required by statute ” and falls within the fifth subdivision of said paragraph. The defendants in error claim that it is “ an action upon a contract, not in writing,” or that it is “ an action for injury to the rights of…
2Cases cited6 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Lattin v. GilletteCalifornia Supreme Court · 1892
- Russell & Co. v. Polk County Abstract Co.Supreme Court of Iowa · 1893
- Bartlett v. Thos. B. Bullene & Co.Supreme Court of Kansas · 1880
- Howard v. RitchieSupreme Court of Kansas · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Crabb v. Swindler, AdministratrixSupreme Court of Kansas · 1959
- Spokane County v. PrescottWashington Supreme Court · 1898
- Kitchener v. WilliamsSupreme Court of Kansas · 1951
- Hillock v. Idaho Title & Trust Co.Idaho Supreme Court · 1912
- Garland v. ZeboldSupreme Court of Oklahoma · 1924
7 more not listed; retrieve them via the Exa API.