Masonic Temple Ass'n v. Kistner
Masonic Temple Ass'n v. Kistner
Opinion of the Court
Suit was brought upon an agreement to subscribe to a building fund to erect a masonic temple in Elizabeth. The subscription was to be paid in twenty-five equal monthly installments. The agreement was dated October 18th, 1922, and the suit was not brought until November 17th, 1930. The court rightly held the action, except as to the last installment, barred by the statute of limitations. Comp. Stat., p. 3162.
The statute reads as follows: “All actions of debt, founded upon any lending or contract without specialty, * * *
shall be commenced and sued within six years next after the cause of such actions shall have accrued, and not after.”
The appellant’s argument is based on the proposition that an action of debt will not lie at common law for a particular installment until all installments are due. 18 Corp. Jur. 8,
The judgment is affirmed.
Reference
- Full Case Name
- MASONIC TEMPLE ASSOCIATION, OF ELIZABETH, A CORPORATION v. ERNEST E. KISTNER
- Cited By
- 4 cases
- Status
- Published