Hoyt v. McNeil
Supreme Court of Minnesota
The plaintiffs in this case appeal from an order of the Court of Common Pleas, Ramsey county, sustaining a demurrer to the complaint.
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The plaintiffs in this case appeal from an order of the Court of Common Pleas, Ramsey county, sustaining a demurrer to the complaint. The allegations of the complaint are substantially : that on the 5th day of November, 1859, at New York, the plaintiffs sold and delivered to the defendant, at Lawton, in the State of Michigan, goods, wares and merchandise, which were reasonably worth $76.20 ; that they were sold on six months’ time ; that defendant agreed to pay said sum at the expiration of said time ; that defendant was then and continued to be a resident of said State of Michigan, until…
1Opinion of the CourtMcMillan, J.
By the Gowrt This is a demurrer-to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The specific objection to the complaint is, that it appears therefrom that the action is barred by the statute of limitations. It has been decided by this Court that an objection of this kind may be taken by demurrer. McArdle vs. McArdle, 12 Minn., 98.
There may be some doubt as to whether the debt was contracted in New York or Michigan; if it were necessary to decide this question, in view of the general rule that the place of performance gives the law of the…
2Cases cited4 opinions
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
- Fletcher v. SpauldingSupreme Court of Minnesota · 1864
- McArdle v. McArdleSupreme Court of Minnesota · 1866
3Cited by8 opinions
- Gibson v. Chicago Great Western Railway Co.Supreme Court of Missouri · 1910
- Feikert v. WilsonSupreme Court of Minnesota · 1888
- Gunderson v. GundersonWashington Supreme Court · 1901
- Steele v. BondSupreme Court of Minnesota · 1884
- National German American Bank v. LangNorth Dakota Supreme Court · 1891
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