Massachusetts Mutual Life Insurance v. Colorado Loan & Trust Co.
Supreme Court of Colorado
JError to the District Court of Arapahoe County. Action upon a promissory note executed, and made payable at Springfield, Massachusetts.
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JError to the District Court of Arapahoe County. Action upon a promissory note executed, and made payable at Springfield, Massachusetts. The first defense is a plea of payment; the second reads as follows: “ And for a second and further defense herein, the defendants allege that the said note in said complaint mentioned was made, and the said cause of action set forth in said complaint upon said note accrued without the state of Colorado, more than three years prior to the commencement of said suit; that the said note-mentioned in said complaint became due more than three years prior to the…
1Opinion of the CourtChief Justice Hayt
The question upon this appeal is: What is the statute of limitations in this state upon contracts executed outside of the state?
Sec. 1686, General Laws of 1877, reads as follows :
“ It shall be lawful for any person, against whom any action shall be commenced in any court of this state, where the cause of action accrued without the state, upon a contract or *3agreement, express or implied, more than two years before the commencement of the action, or upon any sealed instrument in writing, or judgment or decree of any court, more than three years before the commencement of the action, to plead…
2Cases cited1 opinion
- In re RobertsSupreme Court of Colorado · 1881
3Cited by11 opinions
- People ex rel. Elder v. SoursSupreme Court of Colorado · 1903
- Andrews v. PeopleSupreme Court of Colorado · 1905
- Adams v. ClarkSupreme Court of Colorado · 1906
- People v. LeddySupreme Court of Colorado · 1912
- Central of Georgia Ry. Co. v. HolmesSupreme Court of Alabama · 1931
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