Everett v. O'Leary
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Le Sueur county, Cadwell, J., sustaining a demurrer to the answer.
1Opinion of the CourtCollins, J.
Plaintiff brought an action on a promissory note, with the usual allegations of execution, delivery, and nonpayment, all of which stood admitted by the answer, but defendant therein attempted to set forth *155two counterclaims. To these plaintiff demurred generally as to each, and also severally as to both—
“That the alleged counterclaims * * * did not accrue within six years immediately prior to the commencement -of this action, and are barred by the statute of limitations.”
1. The first counterclaim, as set forth in the answer, -was to the effect that on December 28, 1889, defendant had $1,120.67…
2Cases cited3 opinions
- Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
- Ganser v. GanserSupreme Court of Minnesota · 1901
- P. P. Mast & Co. v. EastonSupreme Court of Minnesota · 1885
3Cited by23 opinions
- Dalton v. Dow Chemical Co.Supreme Court of Minnesota · 1968
- Cass v. LordMassachusetts Supreme Judicial Court · 1920
- Rayden Engineering Corp. v. ChurchMassachusetts Supreme Judicial Court · 1958
- Enyart v. Transamerica InsuranceCourt of Appeals of Arizona · 1998
- Field v. Missouri Life Ins. Co.Utah Supreme Court · 1930
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