Court of Civil Appeals of Texas, 1933

Key v. Forshagen

Key v. Forshagen
Court of Civil Appeals of Texas · Decided January 28, 1933 · Alexander
57 S.W.2d 232 (South Western Reporter, Second Series)

Key v. Forshagen

Opinion of the Court

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.

• [1,2] 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.