Ireland v. Mackintosh
Utah Supreme Court
Appeal from the Third District Court Salt Lake County. Hon. A. N. Cherry, Judge. Action upon a promissory note to which defendant plead the Statute of Limitations. From a judgment for defendant plaintiff appealed.
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Appeal from the Third District Court Salt Lake County. Hon. A. N. Cherry, Judge. Action upon a promissory note to which defendant plead the Statute of Limitations. From a judgment for defendant plaintiff appealed. The appellant’s position is, that a statute of limitations when applied to a promise or obligation to pay money, acts upon the remedy and does not annul or rescind the promise or obligation to pay; that when the law is repealed before the presumption of payment under the attending circumstances would arise without the statute, the promise or obligation to pay, survives and continues…
1Opinion of the CourtBaskin, J.
It appears that on the 2d day of January, 1892, the the respondent executed his .promissory note to E. A. Ireland for $5275, payable one day after date; that the said Ireland died on the 14th day of May, 1898, and the appellant on the 16th day of July, 1898, was duly appointed executrix of the will of the decedent; that on the 30th‘day of August following she, as such executrix, instituted this suit to recover of the respondent the amount of said note. The respondent answered that the cause of action set up in the complaint was barred by Sec. 3143 of the Code of Civil Procedure, Vol. 2, C. L.…
2Cases cited14 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Campbell v. HoltSupreme Court of the United States · 1885
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- United States v. ThompsonSupreme Court of the United States · 1879
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