33 Minn. 161 | Minn. | 1885
The plaintiff, a corporation, held a promissory note made by one Berge. In April, 1877, the plaintiff delivered the note to the defendant, to collect the amount thereof and to remit to the plaintiff the amount collected, less fees for collection. The defendant accepted the note for this purpose. On or before September 18, 1877, the note was paid to an agent of the defendant, but no remittance or payment was ever made to the plaintiff. It is found as a fact by the court that the time which would be reasonable for making such remittance expired more than six years before the commencement of this action. In July, 1882, the plaintiff demanded payment, which was refused, and now brings this action to recover the money. The court below considered that the action was barred by the Statute of limitations.
We think this conclusion was correct. When the statute of limitations commenced to run must be determined by the fact as to when the right of action accrued. The limitation, as fixed by the
The fact that the plaintiff did not know when the collection was made, and hence did not know that the defendant had failed in the performance of his duty, and that a right of action had accrued, did not prevent the operation of the statute, there being no fraudulent concealment of the fact on the part of the defendant. Cock v. Van Etten, 12 Minn. 431, (522.) Except where relief is sought on the ground of fraud, the statute provides no exception in favor of those who may be ignorant of the existence of the cause of action. The
Judgment affirmed.