Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1901-01-03
OP1N ION

W. - Jones,
For Appellant.
OPINION
By BonnifieId, C. J.
Ti!is action was commenced on Deem
Der list, 1897, in the District Court of the |
First Judicial District in and for Storey |
County, against Edward Hyams and
Viii lam Hyams upon prolnssory note
executed in the State of California of
which the following is copy, to wit:
"San Francisco, March LIST, 1882.
$sOoo.OO
Three months after date, without grace
we promise to pay to ourselves or order
the sum of five thousand dollars, pay
able only in gold coin of the government
of the United States, for value received
of one (D per cent per month from
until paid.
Hyam Bros"
Endorsed "Hyam Bros"
The case was tried by the court sitting
with jury. The trial resulted in a judg-
PENDANT William Hyams for the sum of
$l4.475OO, together with interest on the
sum of five thousand dollars thereof
from tho 18th day of May, 1899. till paid
at the rate of one per cent per month, to-
gether with the further sum of $lO2l. so
taxed as costs.
This appeal is taken by William
Hyams from said judgment and from the
order Of the trial court denying his
motion for q new trial.
It appears that the plaintiff and Ed
ward Hymns were, at the time of the ex-
ecution of said promissory note, ever
since have been, and now are residents
of the State of California; that said Ed
ward has not been absent from the State
Of California, the place where the note
was executed, altogether moro than eigh-
teen months since tho execution Of said
note. It also appears that William
Hyams, was at the time of the execution
Of said note, ever since has been and
now is . resident of the State of New
Yord, and that he has not been absent
from said State of New York altogether
more than eighteen months since the OK
ecutien Of said note. It appears that at
the time of the execution Of said note
Edward Hyams and William Hyams
were co-partners, and for a number of
years prior thereto had been co-partners
under the firm name of Hyams Bros.
carrying on business as wholesale manu-.
facturers and dealers in clothing, both at
the City Of San Francisco, State of Cali
fornia and at the City of New York
State of New York. The manufacturing
Of clothing for the firm was carried on in
the City cf New York and the business
there u ae -onducted by William Hyams
and the business of the sale of the cloth.
ing by Hyams Bros was carried on il
San Francisco, California, and conducted
by Edward Hyams, and that Edward
Hyams made, executed and endorsed
said note and delivered the same to tn,
plaintiff for and in the name of said firn
Of Hyams Bros. In 1884 said co-partner
ship was dissolved.
Among other defenses the defendant
pleaded Sections 81 and 81 of the STATUTE
Of Limitations of this State. Section 3
HILLS Iu6 tlu1C III WHICH dCtlOu
be commenced on a contract, etc, mad
out of the State to two years after caus
of action has accrued. &C. L. Sec 1851
Section So provides: when the caus
of action has arisen in any other State o
Territory of the United States, or i'll
fofeign country and by the laws thereo
An action there cannot be maintaine
ssEainst y person by reason Of the lapse Q
titne, no action shall be maintaine
against him in this State'' &C. L. Sc,
1885,
The defendants also pleaded certai
laws of the State of California in connet
ton with said section 33 of the Nevad
statute, by which the period is limited I
four years for commencing an actio
after it has accrued upon any contrac
obligation or liability founded upon a
instrument in writing executed in til;
State, and also tho laws of the State
New York, which limits the time to 81
years for commencing an action upon
contract, obligation or liability EXPIRE.
or implied, except judgment or scale
instrument
It II commended by counsel for apps
liant that an action upOn said note ":
barred as against him long before Il
commencement Of this action ny Il