Parker v. Kelly
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. Action upon a promissory note for $880.79, dated June 2, 1876, payable six months after date, executed and delivered by the defendant to one Christian Heclc and alleged to have been assigned to the plaintiff prior to the commencement of the action.
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APPEAL from the Circuit Court for Racine County. Action upon a promissory note for $880.79, dated June 2, 1876, payable six months after date, executed and delivered by the defendant to one Christian Heclc and alleged to have been assigned to the plaintiff prior to the commencement of the action. It is further alleged that prior to the maturity of the note the defendant, left the state and was continually absent therefrom up to about the month of August, 1878. A second cause of action was stated in the complaint, based upon an account for goods sold and delivered by said Fleck to the…
1Opinion of the Court
OjRTOiq J.
The note became due while the defendant, who was the master of a vessel, was absent from the state on his business, and he remained so absent nearly two years, while his family during that time resided in the city of Eacine, in this state; and he was so temporarily absent, intending to return to his family and the said place of his residence when not so employed out of the state. From the time of his return to this state six years had not elapsed when this suit was brought. The main and important question is, Had the statute of limitations run against the note? This must depend…
2Cases cited4 opinions
- Ruggles v. KeelerNew York Supreme Court · 1808
- Whitcomb v. KeatorWisconsin Supreme Court · 1884
- Second Ward Savings Bank v. ShakmanWisconsin Supreme Court · 1872
- Brown v. BicknellWisconsin Supreme Court · 1842
3Cited by14 opinions
- Bannon v. Insurance Co. of North AmericaWisconsin Supreme Court · 1902
- Anthes v. AnthesIdaho Supreme Court · 1912
- Williams v. Metropolitan Street-railway Co.Supreme Court of Kansas · 1903
- Hibernian Banking Ass'n v. Commercial National BankIllinois Supreme Court · 1895
- Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
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