Thomas v. Black
Supreme Court of Missouri
Jlppcal from Buchanan Circuit Court. This was an action begun October 11,1854, upon a sealed note or bond, dated September 16, 1839, and payable January 1, 1840. The defendant relied upon the statute o£ limitations. It was admitted that, when the note was executed, the defendant resided in Kentucky, where he continued to reside until 1846, when he removed to Missouri, where he has since resided; and thereupon there was a judgment for the plaintiff.
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Jlppcal from Buchanan Circuit Court. This was an action begun October 11,1854, upon a sealed note or bond, dated September 16, 1839, and payable January 1, 1840. The defendant relied upon the statute o£ limitations. It was admitted that, when the note was executed, the defendant resided in Kentucky, where he continued to reside until 1846, when he removed to Missouri, where he has since resided; and thereupon there was a judgment for the plaintiff. The defendant appealed to this court. This case depends upon the construction of the 7th section of article 2 of the limitation act of 1845, which…
1Opinion of the CourtRyland, Judge
In this case, the question arises upon the construction of the 7th section of the 2d article of the statute of limitations of 1845. (R. C. p. 717.) The first section is as follows: “ The following actions shall be commenced within ten years after the cause of such action accrued, and not after. All actions founded on any writing, whether sealed or unsealed, for the direct payment of money or property.” “ Section 7. If at any time, when any cause of action specified in this article accrues against any person who is a resident of this state, he is out of this state, such action may be commenced…
2Cases cited2 opinions
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