Key v. Forshagen

Decision Date28 January 1933
Docket NumberNo. 1317.,1317.
Citation57 S.W.2d 232
PartiesKEY v. FORSHAGEN.
CourtTexas Court of Appeals

Appeal from Gonzales County Court; D. U. Ramsay, Judge.

Action by A. Forshagen against Peter Key. From a judgment for plaintiff, defendant appeals.

Affirmed.

R. B. Russell, of San Antonio, for appellant.

J. C. Romberg, of Gonzales, for appellee.

ALEXANDER, Justice.

This suit, based on a promissory note due September 15, 1927, was filed September 15, 1931. The defendant's plea of limitation was overruled, and judgment entered for plaintiff. The defendant appealed.

The defendant had all of September 15, 1927, in which to pay the note, and the cause of action therefore did not accrue until September 16, 1927. 6 Tex. Jur. 680, 878; Standard v. Thurmond (Tex. Civ. App.) 151 S. W. 627; Smith v. Dickey, 74 Tex. 61, 11 S. W. 1049; Geistweidt v. Mann (Tex. Civ. App.) 37 S. W. 372; Payne v. Wittenberg (Tex. Civ. App.) 239 S. W. 224. The suit was filed within four years from the time the cause of action accrued, and was not barred by limitation. Revised Statutes, article 5527; Watkins v. Willis & Bro., 58 Tex. 521.

The judgment of the trial court is affirmed.

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2 cases
  • Seibert v. Sally
    • United States
    • Texas Court of Appeals
    • February 8, 1951
    ...wherefore it was brought within the four-year period. These authorities are thought to substantiate that conclusion: Key v. Forshagen, Tex.Civ.App., 57 S.W.2d 232; Douglas v. Acacia Mut. Life Ins. Co., Tex.Civ.App., 118 S.W.2d 643; Price v. Wood, Tex.Civ.App., 88 S.W.2d 530; Article 23, Rev......
  • Douglas v. Acacia Mut. Life Ins. Co.
    • United States
    • Texas Court of Appeals
    • June 23, 1938
    ...within and not after one year from the date thereof. See, also, New York Life Ins. Co. v. Bullock, 5 Cir., 26 F.2d 666; Key v. Forshagen, Tex.Civ.App., 57 S.W. 2d 232. If we should hold as contended for by the defendant, we would be required to apply the same rule in determining whether or ......

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