Perry v. Robertson

Citations

• 96 Kan. 96
• 150 P. 224
• 1915 Kan. LEXIS 319

Syllabus

<p>OPINION ON REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Guarantor—Action Barred by Statute of Limitations. A petition upon a written contract, maturing more than five years before the action is brought, is demurrable unless it shows some fact sufficient to interrupt the running of the statute of limitations. A statement that at the time the debt accrued the defendant was a resident of another state, which he afterwards left, is not sufficient, where more than five years have elapsed since the date of such change of residence.</p> <p>2. Same — Nonresidents—Construction of Statute of Limitations. The provision of the code (Civ. Code, §21) that when a cause of action accrues in another state, between nonresidents of this state, and the statute of limitations of that state has run, no action can thereafter be maintained upon it here, is not exclusive; and where a cause of action accrues in another state between nonresidents of this state, and the obligor comes here before action thereon has been barred by the statute of that state, the ordinary Kansas statute begins to run in his behalf, and unless in some way interrupted within five years creates a bar.</p>