Bank of Nevada v. Friedman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing the general rule that the statute of limitations is an affirmative defense
• guarantor held liable even though statute of limitations had run against principal obligor
• under Arizona law, “[t]he elements necessary to establish fraudulent 2 misrepresentation” include “the hearer’s . . . reliance on” the false representation and “his 3 consequent and proximate injury”
• “The true test of the running of the statute of limitations is the liability of the party invoking its bar to the service of process during the whole of the period prescribed”
• a contract of guaranty on a note was a separate contract from the note and it was possible for the bar of limitations to exist in favor of the maker of the note and not to exist as to the guarantor

Source: CourtListener parenthetical corpus (CC0).