Winchester & Lexington Turnpike Co. v. Wickliffe's Adm'r
Court of Appeals of Kentucky
Case 74 — PETITION ORDINARY APPEAL FROM- FAYETTE CIRCUIT COURT. 1. The statute of limitations runs against a right of action for dividends declared by a corporation, and the five year statute is applicable to such actions.
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Case 74 — PETITION ORDINARY APPEAL FROM- FAYETTE CIRCUIT COURT. 1. The statute of limitations runs against a right of action for dividends declared by a corporation, and the five year statute is applicable to such actions. (Mercer Co. Ot. v. S. M. & H. T. P. Co., 10 Bush, 254.) That case is not overruled by the opinion in Bank of Louisville v. Gray, 84 Ky., 575. In that case it was merely held that the bank held the stock and dividends in trust, and that the statute of limitations did not run against the cestui que trust. 1. Appellee’s right of action did not accrue until the demand was made,…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
This action was instituted by the administrator of Robert Wickliffe against the appellant to recover. $232.50, dividends due from the appellant upon the shares of stock owned and held by the decedent in the Lexington & Winchester Turnpike Co., which dividends accrued and were declared upon the shares so held, commencing with the year 1877 and ending in 1889. The appellant pleaded and relied on the statute of limitations as its only defense, relying on tlm five-*533years and also on the ten-years statute of limitations, and alleging that the dividends…
2Cases cited3 opinions
- Bank of Louisville v. GrayCourt of Appeals of Kentucky · 1886
- Commonwealth v. Springfield, Maxville & Harrodsburg Turnpike Co.Court of Appeals of Kentucky · 1874
- Pierce v. JohnCourt of Appeals of Maryland · 1854
3Cited by13 opinions
- Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
- Bank of Am. Nat'l Trust & Sav. Ass'n v. CranstonCalifornia Court of Appeal · 1967
- Ball v. Peper Cotton Press Co.Missouri Court of Appeals · 1909
- West v. American Telephone & Telegraph Co.Court of Appeals for the Sixth Circuit · 1939
- Boston & Roxbury Mill Corp. v. TyndaleMassachusetts Supreme Judicial Court · 1914
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