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Keywords

contractbreach of contractplaintiffstatuteequityappealtrialtruststatute of limitationscommon law
plaintiffstatuteequityappealtrialpleatrustwillleasestatute of limitationscommon law

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Bowes v. Cannon, 50 Colo. 262, 116 P. 336

Facts

The suit was initiated by John Bowes, executor of James Simpson's estate, against the International Trust Company and John Carruthers. Simpson owned 44 bonds issued by the United Coal Company, which were to be held by the International Trust Company. After Simpson's death, Bowes demanded the return of the bonds, but the Trust Company refused and allegedly converted the bonds for its own use. The Trust Company claimed the statute of limitations barred the action, leading to the nonsuit ruling.

Forty-four of said bonds belonged to, and were owned by, James Simpson. August 26, 1892, the United Coal Company, in writing, instructed the International Trust Company as follows: ‘Upon the delivery to you of the bonds of the United Coal Company, and after indorsement by you, you will please hold for James Simpson and deliver to him or to his order, forty-four (44) of said bonds—i.e. (bonds amounting to forty-four thousand dollars).’

Issue

Did the trial court err in granting a nonsuit based on the statute of limitations and the sufficiency of evidence presented by the plaintiff?

Did the trial court err in granting a nonsuit based on the statute of limitations and the sufficiency of evidence presented by the plaintiff?

Rule

The statute of limitations may apply to causes of action that could have been pursued in common law courts, even if the remedy is sought in equity. A cause of action does not accrue until a demand is made, and the statute does not begin to run until after that demand.

The statute of limitations may apply to causes of action that could have been pursued in common law courts, even if the remedy is sought in equity.

Analysis

The court analyzed whether the cause of action was barred by the statute of limitations, determining that the plaintiff's demand for the bonds was made within the six-year limit. The court noted that the Trust Company's delivery of the bonds to an unauthorized person did not terminate the contract, and Simpson's right to sue for breach of contract remained intact until a demand was made and refused.

The court analyzed whether the cause of action was barred by the statute of limitations, determining that the plaintiff's demand for the bonds was made within the six-year limit.

Conclusion

The court reversed the judgment of nonsuit and remanded the case for trial, indicating that the evidence was sufficient to support a judgment in favor of the plaintiff.

The court reversed the judgment of nonsuit and remanded the case for trial.

Who won?

The plaintiff, John Bowes, prevailed in the appeal because the court found that the evidence was sufficient to support his claims and that the statute of limitations did not bar his action.

The plaintiff, John Bowes, prevailed in the appeal because the court found that the evidence was sufficient to support his claims and that the statute of limitations did not bar his action.

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