49 Cal. 301
Decided July 1, 1874
California Supreme Court · decided 1874-07-01
The action was brought on a promissory note given by Thomas Sprague to Thomas Dennis, or order, on the 19th day of January, 1865, and payable on the 1st day of November following. The note was endorsed by the defendant Huse. Dennis, the payee, transferred the note to the plaintiff after it fell due.
Good law ✅— No negative treatment on recordhow we know
Decided 1874-07-01
Cited by 18 later decisions — most recently July 1946
18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The counter-claim was barred by the Statute of Limitations, and, under the provisions of the Practice Act, the plaintiff must be considered to have pleaded the statute by way of replication to the counter-claim.
¶2Judgment reversed and cause remanded for a new trial. Remittitur forthwith.
¶3Neither Mr. Justice Crockett nor Mr. Justice Rhodes expressed an opinion.