Cantonwine v. Fehling, s. 4848
Decision Date | 24 July 1978 |
Docket Number | Nos. 4848,4849,s. 4848 |
Citation | 582 P.2d 592 |
Parties | 24 UCC Rep.Serv. 904 Carl H. CANTONWINE and Juanita M. Cantonwine, husband and wife, Appellants (Defendants below), v. Winnibel FEHLING, a/k/a Winnibelle Fehling, a/k/a Winniebelle Fehling, Appellee(Plaintiff below). Winnibel FEHLING, a/k/a Winnibelle Fehling, a/k/a Winniebelle Fehling, Appellant (Plaintiff below), v. Carl H. CANTONWINE and Juanita M. Cantonwine, husband and wife, Appellees(Defendants below). |
Court | Wyoming Supreme Court |
Timothy S. Tarver, of Burgess & Davis, Sheridan, for Carl H. Cantonwine and Juanita M. Cantonwine.
Rex O. Arney, of Redle, Yonkee & Arney, Sheridan, for Winnibel Fehling.
Before GUTHRIE, C. J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.
These appeals arise from a suit initiated by Winnibel Fehling (hereinafter the plaintiff) to collect $15,000.00 she claimed was due on certain promissory notes executed by Carl H. and Juanita M. Cantonwine (hereinafter the defendants) to the plaintiff and her husband. The trial court entered a summary judgment in favor of the plaintiff with respect to one-half of her claim, and a summary judgment in favor of the defendants with respect to the remainder of the claim. In addition, the trial court denied defendants' motion to dismiss, finding that the Wyoming and not the Colorado statute of limitations applied to the cause of action. We will affirm in all respects.
Subsequent to the death of plaintiff's husband, in 1968, the five promissory notes were assigned to the plaintiff by John M. Boyle and the plaintiff, acting as executor and executrix of the plaintiff's husband's estate. The notes had been included in their entirety as a part of the gross estate of plaintiff's husband for inheritance tax purposes. In 1973, plaintiff demanded payment of the notes from the defendants. Upon receiving a refusal to make payment, the plaintiff filed suit in the United States District Court for the District of Wyoming. This federal action was subsequently dismissed for lack of jurisdiction. Fehling v. Cantonwine, U.S.D.C.Wyo., 379 F.Supp. 1250, aff'd, 10 Cir., 522 F.2d 604. Thereafter on December 16, 1975, this action was commenced in Wyoming.
On appeal, we are confronted with the following issues:
1. Whether the action was barred by the applicable statute of limitations;
2. Whether there was an issue of material fact with respect to consideration for the notes; and
3. Whether the interest of the plaintiff's husband in the notes was effectively renounced.
We are here concerned with two potentially applicable statutes of limitation. In Wyoming, a civil action on a contract or promise in writing must be brought within ten years after the cause of action accrues. Section 1-16, W.S.1957 (§ 1-3-105(a)(i), W.S.1977). The Colorado statute of limitations for actions on contractual debts is six years. Section 13-80-110, C.R.S.1973. The defendants contend that the Colorado statute applies thus barring the present action, which was brought just over nine years after the date of the promissory notes by virtue of § 1-25, W.S.1957 (§ 1-3-117, W.S.1977). This provision Wyoming's "borrowing statute" provides:
"If by the laws of the state or county Where the cause of action arose the action is barred, it is also barred in this state." (Emphasis supplied)
As indicated by the emphasized portion of § 1-25, supra, the threshold inquiry pertains to where the cause of action on these notes arose. If the cause of action arose in Wyoming, then § 1-25, supra, does not apply and the action was timely commenced under the Wyoming ten-year statute of limitation. Defendants contend, however, that the cause of action arises in the state in this case, Colorado where the notes are payable and where the defendants are subject to service of process, citing Bliler v. Boswell, 9 Wyo. 57, 59 P. 798, reh. den., 9 Wyo. 57, 61 P. 867. While Bliler contains some useful principles of law which we will apply herein the case is not dispositive of these appeals, given the distinction in factual circumstances. In Bliler, both the maker and payee of promissory notes payable in Colorado on a future date were residents of Colorado and continued to reside there until the maturity of the notes. While the notes were executed and dated in Wyoming, this court determined that the cause of action arose in Colorado, given the peculiar facts of the case. As stated in the opinion denying the petition for rehearing:
" . . . Under those circumstances, and upon those facts, we held that the cause of action arose in Colorado, and it was not intended that our decision should go further than that. . . . " 61 P. at 867.
Another distinguishing circumstance exists, which was not emphasized in Bliler. In Bliler, the notes in question were time instruments, as opposed to the demand notes we have here. This distinction will become critical to our disposition of this issue.
Before addressing ourselves to the specific problems concerning actions on promissory notes, it is important to echo several general principles relative to the accrual of causes of action. As observed in Bliler v. Boswell, supra, at 59 P. 803:
The concept was extensively discussed in "Bruner v. Martin, 76 Kan. 862, 93 P. 165, 166, as follows:
In Bruner as was true in Bliler v. Boswell and most of the other cases we have discovered the court was concerned with an instrument Which matured...
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