Bruner v. Martin

Citations

• 76 Kan. 862
• 93 P. 165
• 1907 Kan. LEXIS 337

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Words and Phrases — Cause of Action — “Arisen” and “Accrued” are Synonymous. The words “where the cause of action has arisen in another state,” as used in the statute of limitations (Code, § 22; Gen. Stat. 1901, § 4450), mean when the cause of action has accrued in a foreign state, or, in other words, when the plaintiff has the right to sue the defendant in the courts of such foreign state; and they have no reference to the origin of the transaction out of which the cause of action arose.</p> <p>2. Limitation of Actions — Conflict of Laws. An action on a promissory note cannot be maintained here under section 22 of the code of civil procedure where both the plaintiff and the defendant were non-residents of Kansas when the cause of action accrued and the defendant resided in a foreign state until the cause of action was barred by the laws of that state.</p>