Hays Land & Investment Co. v. Bassett

Citations

• 85 Kan. 48
• 116 P. 475
• 1911 Kan. LEXIS 11

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Actions and Remedies — Accrual of Action — Place—Time. A ' cause of action upon a contract for the payment of money arises, within the meaning of section 21 of the civil code, at the time of the maturity of the obligation, upon the default of payment, and in the state or country where the obligor at the time resides and may be summoned; it arises, or accrues, within the meaning of that section, but once and at no other time or place.</p> <p>2. Limitation op Actions — Nonresident Obligor — Foreign Statute Controls. When a cause of action arises the statute of limitation of the state or country where the obligor resides immediately begins to run, and if in another state or country than this state, an action on the contract is not barred by limitation in this state by the provisions of section 21 of the civil code until and unless the bar of limitation has fallen in such other state or country.</p> <p>3. Pleadings — Statute of Limitation — Waiver. Where a defendant in his answer, in such action, pleads only the statute of limitations of one state, he waives and can not rely upon or prove the statute of another state as a bar to the action.</p>