St. Paul Trust Co. v. Sargent
Supreme Court of Minnesota
Action brought in the district court for Eamsey county, by plaintiff as executor of the will of Norman W. Kittson, deceased, to recover $7,848 and interest, upon promissory notes made by the defendant and held by their testator at the time of his death. De-fence, the statute of limitations and that the testator, in his lifetime, had made a gift to defendant of all his cause and right of action by reason of the notes.
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Action brought in the district court for Eamsey county, by plaintiff as executor of the will of Norman W. Kittson, deceased, to recover $7,848 and interest, upon promissory notes made by the defendant and held by their testator at the time of his death. De-fence, the statute of limitations and that the testator, in his lifetime, had made a gift to defendant of all his cause and right of action by reason of the notes. A jury was waived and the action tried by Otis, J., who ordered judgment for plaintiff. The defendant appeals from an order refusing a new trial.
1Opinion of the CourtVanderburgh, J.
1. The causes of action set forth in the complaint would have been barred by the statute of limitations on the 29th day of November, 1888, and the 2d day of June, 1888, respectively, if the plaintiff’s testator, Kittson, had not previously died. He died May 10, 1888. The plaintiff was appointed executor June 25,1888; and this action was commenced April 15, 1889. Defendant’s contention is that by virtue.of Gen. St. 1878, c. 66, § 19, the statute of limitations had run before this action was brought. By section 18 an action may be brought by personal representatives of a creditor within one…
2Cited by2 opinions
- Cashman v. HedbergSupreme Court of Minnesota · 1943
- Wood v. BraggSupreme Court of Minnesota · 1899